APPROVED PRIVATE DAY AND RESIDENTIAL SPECIAL EDUCATION SCHOOL PROGRAMS PROGRAM REVIEW and MID-CYCLE REVIEW PROCEDURES Private School Program Information Package 2015-2016 School Year MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION Approved Private Day and Residential Special Education School Programs Program and Mid-cycle Review Procedures Table of Contents Web-based Approach to Monitoring PROGRAM REVIEW Selected Program Review Criteria MID-CYCLE REVIEW Selected Mid-cycle Review Criteria 3 5 - 50 51 53 - 62 APPENDIX I 6.1/6.4 Learning Time Worksheet 8.5 Student Roster 11.4 Teacher Roster 11.5 Related Services Roster 11.6 Master Staff Roster Form 1 - Notification/Requirements for Prior Approval of a Substantial Change Form Form 2 - Incident Report Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 2 of 63 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION APPROVED PRIVATE DAY AND RESIDENTIAL MONITORING PROCEDURES As one part of its Accountability System, the Department of Elementary and Secondary Education oversees compliance with education requirements in private day and residential special education programs through the Massachusetts Private Special Education School Program Review System. This program oversight system addresses selected monitoring requirements of 603 CMR 28.09, “Approval of Public and Private Day and Residential Special Education School Programs,” and 603 CMR 18.00, “Program and Safety Standards for Approved Public or Private Day and Residential Special Education School Programs.” The Program Review System additionally encompasses selected requirements contained in 603 CMR 28.00, “Massachusetts Special Education Regulations,” as well as IDEA-2004, M.G.L. c. 71B and civil rights provisions that are pertinent to Approved Private School Programs. The Department’s approved private school program schedule of Program and Mid-cycle Reviews is posted on the Department’s web site at http://www.doe.mass.edu/pqa/review/psr/6yrcycle.html. Web-based Approach to Monitoring The Department piloted a new web-based approach to comprehensive monitoring in the 2010-2011 school year. Currently, every Program Review and Mid-cycle Review is conducted using this approach. The web-based monitoring system (WBMS) allows both programs and the Department to submit, review and exchange documents and information through the Department’s security portal. This new approach combines familiar elements from the standard Program Review and Mid-cycle Review procedures in combination with new features that strengthen accountability and oversight on a continuous basis. Criteria: The program review criteria selected for each WBMS Program Review begins with the agency conducting a self-assessment by private school programs across all monitoring criteria. For Mid-cycle Reviews a subset of the monitoring criteria are self-assessed by private school programs, along with any criteria that resulted in a prior finding of noncompliance and any new monitoring criteria. Program Quality Assurance, through its desk review procedures, then examines the self-assessment submissions and determines which criteria will be followed up on through onsite verification activities. Team: Depending upon the scope of onsite activities that have been identified based on the Department’s desk review of the agency’s self-assessment, a 2-3 member Department team will conduct a 2-3 day onsite Program Review. Mid-cycle Review teams consist of 1-2 members and the onsite is 1-2 days. WBMS Methods: Self-Assessment Phase: This is a requirement for all agencies participating in the web-based monitoring system and is completed in the year prior to the onsite review. Agency review by private school program of documentation for required elements including document uploads. Agency review by private school program of a sample of student records selected and a sample of staff records selected. Upon completion of these portions of the self-assessment, it is submitted to the Department for review. Desk Review Phase: The chairperson assigned to each agency reviews the responses by the private school program to questions regarding the critical elements for appropriate policies, procedures, and practices, as well as actual documents and data submissions by criteria. The student record review data, staff record review data, and explanatory comments are examined. The outcome of this review, along with 3-year trend data from the Problem Resolution System, and required notifications to the Department, is used to determine the scope and nature of the Department’s onsite activities. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 3 of 63 Onsite Verification Phase: This includes activities selected from the following: Interviews of administrative, instructional, and other staff consistent with those criteria selected for onsite verification. Interviews of parent representatives and other telephone interviews as requested by other parents or members of the general public. Review of student records and staff records: The Department selects a sample of student and staff records from those the agency reviewed by the private school program as part of its self-assessment to verify the accuracy of the data. The Department also conducts an independent review of a sample of student and staff records that reflect activities conducted since the beginning of the school year. The onsite team will conduct this review, using standard Department procedures, to determine whether procedural and programmatic requirements have been implemented. Surveys of parents of students with disabilities: Parents of students with disabilities whose files are selected for the record review, as well as the parents of an equal number of other students with disabilities, are sent a survey that solicits information regarding their experiences with the agency’s implementation of special education, related services, and procedural requirements. Observation of classrooms and other facilities: The onsite team visits a sample of classrooms and other school facilities used in the delivery of programs and services to determine general levels of compliance with program requirements. Report: The report will be based on a review of the written documentation regarding the operation of the school's programs and the information gathered from the Onsite Verification Phase. A Draft Report of Comments will be issued via the WBMS. Agencies may respond to the factual accuracy of the report within 10 business days. A Final Report will then be issued via the WBMS and in hard copy. Detailed findings for each program area describe determinations of the Department about the implementation status of each requirement (criterion) reviewed. The Department’s Approved Private School Program Review Final Reports are posted on the Department’s web site at http://www.doe.mass.edu/pqa/review/psr/reports/default.html and the Mid-cycle Review Reports are posted at http://www.doe.mass.edu/pqa/review/psr/reports/followup.html. Response to Program Review Final Report findings: Where criteria are found to be not fully implemented, the private school program is required to propose corrective actions, within 20 business days of receipt of the final report, to bring those areas into compliance with the respective statutes or regulations. Additionally, a program is encouraged to incorporate any required corrective action as approved by the Department into its internal improvement plans, including the program’s professional development plans. In Mid-cycle Reviews, after the Mid-cycle review Report is issued the program enters progress report information directly into the WBMS for any criteria found to be not fully implemented and for this reason no corrective action plan is created. Program Approval: Upon issuance of the Final Report, the program will receive an updated approval status. For programs receiving a “Full Approval,” this approval will remain in effect for three (3) years expiring on August 31st of the third year of approval. This approval will be contingent upon continued compliance with all regulations contained within 603 CMR 28.00, “Special Education Regulations,” and 603 CMR 18.00, “Program And Safety Standards For Approved Public Or Private Day And Residential Special Education School Programs,” as well as the Department’s approval of all required corrective action plans. The Department may change this approval status at any point during the three-year period if circumstances arise that warrant such a change. For Approved Private School Programs receiving a “Provisional Approval” or “Probationary Approval,” the Department will clearly indicate the reasons for the reduced approval, along with timelines for compliance and an expiration date of the approval status. The Department will review all required Corrective Action Plans and issue written determinations regarding approval or disapproval of each corrective action plan activity. NOTE: For programs undergoing Program Reconstruction, Special Circumstances or Extraordinary Relief, even if the program has substantially met all of the requirements for a Full Approval, the program will remain on Provisional Approval until the completion of the Program Reconstruction, Special Circumstances or Extraordinary Relief process. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 4 of 63 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION Approved Private School Program Review Selected Program Review Criteria School Year 2015-2016 AREA 1: DEMONSTRATION OF NEED AND CAPACITY CRITERION NUMBER, TOPIC AND LEGAL STANDARD 1.2 Program & Student Description, Program Capacity 28.09(2)(a)(2); 28.09(2)(b)(2, 3, 7) REQUIREMENTS A narrative is provided that describes: SOURCE OF INFORMATION Documentation: Written narrative addressing these requirements Please address each item individually Identified population of students to be served Ages of students; Educational characteristics; Behavioral characteristics and Philosophy, goals and objectives. How each of the following educational services are implemented for the described student population of the program: o The content requirements of the Massachusetts Curriculum Frameworks; o Self-help, daily living skills; o Social/emotional needs; o Physical education; adapted physical education; o Pre-vocational, vocational, and career education; o English language support (for limited English proficient students) and o Other: any other specialized educational service(s) provided by the program. How each of the following related services is or will be provided for the described student population of the program whose IEPs indicate such services: Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 5 of 63 Interviews: All Staff CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS o o o o o o o o o o o o SOURCE OF INFORMATION Transportation; Braille needs (blind/visually impaired); Assistive technology devices/services; Communication needs (all students including deaf/hard of hearing students); Physical therapy; Occupational therapy; Recreation services; Mobility/orientation training; Psychological services, counseling services, rehabilitation counseling services, social work services; Parent counseling and training; Health services, medical services and Other (e.g., music therapy, sensory integration therapy). How the kinds of supplementary aids and services available for students in the program is or will be provided: o Supplementary aids and services are defined as “those aids and services – which are not ‘specially designed instruction or related services’ – which enable eligible students to be educated to the maximum extent possible with non-disabled students.” These may include aids and services that would typically be available in a less restrictive setting, and their availability would be helpful when the student can be placed in a less restrictive placement (e.g., adapted text, enlarged print, graph paper, peer tutor). NOTE: Residential Programs reflect the 24-hour nature of the program and indicate how residential services and educational services will be fully coordinated. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 6 of 63 AREA 2: ADMINISTRATION – APPROVALS, LICENSES AND CERTIFICATES DOCUMENTATION CRITERION NUMBER, TOPIC AND LEGAL STANDARD 2.2 Approvals, Licenses, Certificates of Inspection 18.04(1); 28.09(2)(b)(5); 28.09(5) (b); 28.09(6) (b, c) REQUIREMENTS The program has current licenses, approvals, and certificates of inspection by state and local agencies. 2.3 EEC Licensure 102 CMR 3.00 (Residential Programs only) Safety Inspection. The program shall have an appropriate certificate of inspection from the Department of Public Safety or the local building inspector for each building to which students have access; Fire Inspection. The program shall obtain a written report of an annual fire inspection from the local fire department; Lead paint inspection (if facility was built prior to 1978). All buildings, residential or otherwise, utilized by children younger than six or with a mental age younger than six shall be free of lead paint; Local Board of Health permit if providing food services; Asbestos inspection or date when building was constructed and statement from appropriate authority that building is asbestos-free (if asbestos is present, then a containment plan is necessary); and Statement regarding the non-existence of PCBs, or, if PCBs are present, then a containment plan. The residential program has a current, full license from the Department of Early Education and Care (EEC) (per 102 CMR 3.00). Approval by EEC to operate a group care facility or a day care center (if applicable). SOURCE OF INFORMATION Documentation: Provide current copies of licenses, approvals, and certificates of inspection Observation: Posted certificates Documentation: Provide copy of EEC license Interviews: Executive Director/Program Director Residential Director EEC Licensing Specialist Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 7 of 63 AREA 4: DISCLOSURE OF INFORMATION CRITERION NUMBER, TOPIC AND LEGAL STANDARD 4.2 Public Information and Postings REQUIREMENTS SOURCE OF INFORMATION The following information must be publicly posted: First aid procedures; Emergency procedures; Emergency telephone numbers; Current ESE approval certificate; and Current EEC License if applicable. Documentation 4.4 Advance Notice of Proposed Program/Facility Change The program shall develop and implement a written procedure describing how it notifies the Department of substantial changes within its program and identifying the person responsible for making this notification. Documentation: 28.09(5)(c); 46.00; 18.00. The program notifies the Department using the Department’s Form 1 (http://www.doe.mass.edu/pqa/sa_nr) and also notifies school districts and parents of any new policies and procedures and/or changes in current policies and procedures. 28.09(6)(a, b, c, d, e); 28.09(2)(b)(4) Prior to any substantial change to the program or physical plant, the program provides written notification of intent to change to the Department. Notice shall be given with sufficient time to allow the Department to assess the need for the proposed change and the effects of such change on the educational program. The program must also provide written notification to the Department of any sudden and/or unexpected changes that may impact the overall health or safety of students and/or the delivery of services required by IEPs. NOTE: While typically a Form 1 is required for “changes made to ESE required policies and procedures that result in continued adherence to regulatory requirements,” for any policy changes resulting from the changes in 603 CMR 46.00 Regulations on Restraint and Seclusion and accompanying changes to 603 CMR Description of where the information is kept that relates to this criteria Observation: All required postings Copy of the program’s written procedures for notifying the Department of substantial changes within the program, including the contact person responsible for providing such notification, in policies and procedures manual Form 1 Submissions: Have Form 1 submissions available onsite Interviews: Board of Directors Executive Director Program Director Education Director Residential Director Residential Director Director or Operations Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 8 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 4.5 Immediate Notification 18.03(10); 18.05(7); 28.09(12) (a, b) REQUIREMENTS SOURCE OF INFORMATION 18.00, such policy changes will be reviewed as part of the Program Review/Mid-cycle Review process; therefore Form 1’s should not be submitted. Changes to ANY other policies and procedures require the program to submit a Form 1 and obtain approval from ESE prior to implementation. The program shall develop and implement a written procedure Documentation: describing how it notifies all appropriate parties of serious incidents Copy of the program’s written procedures for within the program and identifying the person responsible for making notifying all appropriate parties of serious this notification. incidents, including the contact person For ALL students (Massachusetts and Out-of-State students) responsible for providing such notification The program makes immediate notification to the parent, the public school district special education administrator, and to any state agency Student Record Reviews: involved in the student’s care or placement (by telephone and letter), and All incident reports maintained in student the Department of Elementary and Secondary Education (by telephone records and Form 2) of the following incidents: Death of a student; Interviews: Filing of a 51-A report with DCF, or a complaint to the Disabled Board of Directors Persons Protection Commission against the school or a school staff Executive Director member for abuse or neglect of a student; Education Director Any action taken by a federal, state or local agency that might jeopardize the school’s approval with the Department; and Program Director Any legal proceeding brought against the school or its employee(s) Residential Director arising out of circumstances related to the care or education of any Teachers of its students regardless of state of residency. Direct Care Staff For Massachusetts Students Only: Public School Contact Person The hospitalization of a Massachusetts student (including out-patient State Agency Contacts emergency room visits) due to physical injury at school or Parents previously unidentified illness, accident or disorder which occurs Transportation providers while the student is in the program; Massachusetts student injury resulting from a motor vehicle accident during transport by school staff (including contracted staff) which requires medical attention; Massachusetts student run away; Emergency termination of a Massachusetts student under Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 9 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD A REQUIREMENTS SOURCE OF INFORMATION circumstances in which the student presents a clear and present threat to the health and safety of him/herself or others pursuant to 18.05(7)(d); and Any other incident of serious nature that occurs to a Massachusetts student. AREA 5: ADMINISTRATION AND ADMISSION PROCEDURES CRITERION NUMBER, TOPIC AND LEGAL STANDARD 5.1 Student Admissions 28.09(11); 18.05(1)(b)(1-17); 18.05(2); 18.05(3)(c) REQUIREMENTS The program develops and implements a written admissions policy that includes the following: A statement that the program maintains a copy of its policies and procedures manual on site; A statement that the program provides written notice to the parents of the enrolled students that copies of its policies and procedures manual are available upon request; Admission criteria; Admissions procedures; Information required from referring school districts as part of the application process; Procedures followed to determine whether the student will be admitted; (For Residential Programs Only) Procedures to prepare staff and students in the living unit for the new student’s arrival; A statement that prior to admission documentation is required from a licensed physician of a complete physical examination of the student not more than twelve (12) months before admission; A statement that in the event of emergency placements, the school shall make provisions for a complete examination of the SOURCE OF INFORMATION Documentation: Copy of written admissions criteria from policies and procedures manual Copy of the program’s application/intake form used for student admissions Copy of the program’s narrative description of orientation for parents and students upon admission to the program Interviews: Board of Directors Executive Director Program Director Education Director Residential Director Director of Intake/Admissions Coordinator Intake Team Members Nurse Parents Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 10 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS 5.2(a) Contracts 28.06(3)(f) SOURCE OF INFORMATION student within 30 days of admission; and A statement that prior to admission, and upon request, the Director of the program or designee will be available to the parents, student and the public school for an interview. The interview shall include an explanation of the school’s purpose and services, policies regarding student and parent rights including student records, the health program including the procedures for providing emergency health care, and the procedure for termination of a student. The interview will allow for the opportunity for the student and parents to see the facilities, meet the staff members and to meet other enrolled students. There shall be a written contract for each enrolled student consistent with the requirements of 603 CMR 28.06(3)(f). Documentation: Onsite verification of contracts Written contracts: School districts shall enter into written contracts with all out-of-district placements. Each contract shall include, but not be limited to, the following terms: 1. The out-of-district placement shall comply with all elements of the IEP for the student and shall provide, in writing, to the Administrator of Special Education detailed documentation of such compliance through completion of required student progress reports. 2. The out-of-district placement shall allow the placing school district to monitor and evaluate the education of the student and shall make available, upon request, any records pertaining to the student to authorized school staff form the school district and the Department in accordance with 603 CMR 23.00: Student Records 3. The out-of-district placement shall allow the placing school district and/or the Department to conduct announced and unannounced site visits and to review all documents relating to the provision of special education services to Massachusetts students at public expense. Access to documents for the placing Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 11 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION school district shall include general documents available to the public, documents specifically related to the student placed by such district, and other documents only to the extent they are necessary to verify and evaluate education services provided at public expense. 4. The out-of-district placement shall afford publicly-funded students all the substantive and procedural rights held by eligible students, including but not limited to those specified in 603 CMR 28.09, and shall comply with all other applicable requirements of 603 CMR 28.00 and applicable policy statements and directives issued by the Department. 5. No school district shall contract with any out-of-district placement that discriminates on the grounds of race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness. AREA 6: EDUCATIONAL PROGRAM REQUIREMENTS - STUDENT LEARNING TIME CRITERION NUMBER, TOPIC AND LEGAL STANDARD 6.1 Daily Instructional Hours 603 CMR 27.04 REQUIREMENTS The program ensures that each student is scheduled to receive an average minimum of the following instructional hours unless otherwise approved by ESE or a student’s IEP provides otherwise: Elementary – A total of: 10 month program – 900 hours 11 month program – 990 hours 12 month program – 1080 hours Secondary – A total of: 10 month program – 990 hours 11 month program –1089 hours SOURCE OF INFORMATION Documentation: Learning Time Worksheet Block schedule that includes: o Beginning and ending time for each instructional block; o Subject area for each block; o All non-instructional time (e.g. lunch, recess, transitions between classes, etc.,.); and o If non-instructional time activities are counted as instructional hours, they must Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 12 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS 12 month program – 1188 hours The program ensures that, unless a student’s IEP provides otherwise, each elementary school student is scheduled for at least 900 hours of structured learning time a year and each secondary school student is scheduled for at least 990 hours of structured learning time a year (including physical education for all students, required by M.G.L. c. 71, § 3), within the required school year schedule. Where the private special education program operates separate middle schools, at the beginning of the school year it designates each one as either elementary or secondary. NOTE: The program ensures that its structured learning time is time during which students are engaged in regularly scheduled instruction, learning or assessments within the curriculum of core subjects and other subjects as defined in 603 CMR 27.02. The program’s structured learning time may include directed study (activities directly related to a program of studies, with a teacher available to assist students); independent study (a rigorous, individually designed program under the direction of a teacher, assigned a grade and credit); technology-assisted learning; presentations by persons other than teachers; school-to-work programs; and statewide student performance assessments. 6.1(a) Physical Education Requirements The program shall have a written plan to teach physical education as a required subject at all grade levels for all students for the purpose of promoting the physical well being of students. M.G.L. c. 71, § 3 NOTE: Physical education classes are to be considered part of the student’s structured learning time. SOURCE OF INFORMATION be specified in student’s IEPs. Calculation of the total number of instructional hours per year with documentation of how total was determined Interviews: Education Director Teachers Related Service Providers Direct Care Staff Documentation: Copy of program’s written plan that describes the implementation of the physical education requirements and program offered to students Submission of written schedules that clearly indicate when and how often physical education classes are provided to students Interviews: Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 13 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION Program Director Education Director Physical Education/APE Teacher 6.4 School Days Per Year 603 CMR 27.05(2); 28.09(9)(a) All programs are run for the following minimum number of days (exclusive of weekends, holidays, vacations): 10 month program - 180 days 11 month program – 198 days 12 month program – 216 days Before the beginning of each school year, the program sets a school year schedule for each program. This schedule must include at least five additional school days to account for unforeseen circumstances (i.e., snowstorms). NOTE: All programs must schedule the number of school days per ESE’s application approval plus five additional days for unforeseen circumstances. Documentation: Copy of school calendar for school year clearly indicating number of scheduled days o The last day of school must be indicated o Five additional school days to account for unforeseen circumstances must be indicated o The last day of school must be indicated for high school seniors Interviews: All Staff AREA 8: EDUCATIONAL PROGRAM REQUIREMENTS - INDIVIDUALIZED EDUCATION PROGRAMS CRITERION NUMBER, TOPIC AND LEGAL STANDARD 8.4 Program Modifications and Support Services for English language learners (ELLs) REQUIREMENTS The program shall develop a written plan to implement necessary program modifications and support services to identify and effectively serve English language learners (ELLs). Such program modifications and support services comply with applicable state law (M.G.L. c. 71A) and federal law (Title VI). SOURCE OF INFORMATION Documentation: Copy of written plan addressing how to effectively serve English language learners (ELLs) Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 14 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD M.G.L. c. 71A; Title VI REQUIREMENTS 8.5 Current IEP & Student Roster 28.09(5)(a) The program must acknowledge it is responsible to serve ELLs. The program must affirm its willingness to accept students with ELLs into its program. The student must be afforded the same opportunity to access and participate in the program’s services, activities and other benefits as all other students. Unless the student’s IEP specifies otherwise, the student must receive: o sheltered content instruction from a trained and qualified teacher; and o additional instruction in English as a Second Language by a certified ESL teacher. The program has on file a current IEP for each enrolled Massachusetts student that has been issued by the responsible public school district and consented to and dated by the student’s parent(s) (or student, when applicable). SOURCE OF INFORMATION Student Record Reviews: IEPs of ELL students contain required documentation Documentation: Student Roster Form A roster of publicly funded Massachusetts students currently enrolled in the program containing the following information: o Each student’s initials (not name); o The school district responsible for preparing the student’s IEP; o The name of the school district contact person for each student; o The agency(ies) supporting any part of the student’s tuition; o The portion of tuition supported by such agency(ies); o The implementation date of the most recently issued and consented to IEP; o The date of expiration for the most recently issued and consented to IEP; o The date of parental signature on the most recently issued and consented to IEP; and Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 15 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION o For each unsigned IEP, evidence/documentation of efforts and/or steps taken for the public school district to obtain signed IEPs Student Record Reviews: Current IEPs of students Interviews: Education Director Teachers Parents Public School Contact Person 8.8 IEP – Progress Reports 28.07(3); 34 CFR 300.320(a)(3)(i, ii) Progress Reports and Content Parents receive reports on the student’s progress towards reaching the goals set in the IEP at least as often as parents are informed of the progress of students without disabilities; Progress Report information sent to parents includes written information on the student’s progress toward the annual goals in the IEP; and The program shall send copies of progress reports to the parents and public school. NOTE: IEP must contain a description of: How the child's progress toward meeting the annual goals will be measured; and When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided. Documentation: Copy of IEP progress report form used by the program addressing these requirements Description of how the program documents that parents, school districts and/or agencies receive copies of progress reports Student Record Reviews: Completed, dated progress report that includes the required narrative Evidence of when and to whom the school sent copies of progress reports Interviews: Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 16 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION Education Director Teachers Related Service Providers Parents Public School Contact Person State Agency Contact AREA 9: EDUCATIONAL PROGRAM REQUIREMENTS - STUDENT DISCIPLINE AND BEHAVIOR SUPPORT CRITERION NUMBER, TOPIC AND LEGAL STANDARD 9.1 Polices and Procedure for Behavior Support 603 CMR 46.00 REQUIREMENTS SOURCE OF INFORMATION The program develops and implements a written behavior support policy Documentation: and procedures consistent with new regulations under 603 CMR 46.00 Copy of written policies on Behavior Support regarding appropriate responses to student behavior that may require immediate intervention. Interviews: Behavior support policies shall be reviewed annually and be provided to All Staff program staff and made available to parents of enrolled students. The behavior support policies shall include: 1 Methods for preventing student violence; 2 Methods for preventing self-injurious behavior and suicide; 3 A description and explanation of the program’ alternatives to physical restraint; 4 A description of the program’s training requirements for staff; 5 A description of the program’s reporting requirements and follow-up procedures; 6 A description including timelines of the program’s procedure for receiving and investigating complaints regarding behavior support policies; 7 A description of the procedures to be followed for implementing Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 17 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS 8 9 SOURCE OF INFORMATION the behavior support reporting requirements; A description of the program’s procedure for making both oral and written notification to the parent; and A procedure for the use of time-out NOTE: Meals shall not be withheld as a form of punishment or behavior management. No student shall be denied or unreasonably delayed a meal for any reason other than medical prescriptions. 9.1(a) Student Separation Resulting from Behavior Support 603 CMR 46.01 NOTE: Behavior support training must be provided to all program staff within the first month of the school year regarding the behavior support policies and the requirements when such procedures are implemented; OR For employees hired after the school year begins, behavior support training must be provided and completed within one month of the date of hire of the employee. If the program’s behavior support policy and procedures result in a student separating from the group or program activities, it shall include: 1 Requirement that students shall be continuously observed by a staff member and staff shall be with the student or immediately available to the student at all times; 2 A procedure for obtaining principal approval of time-out for more than 30 minutes based upon the individual student’s continuing agitation; and 3 Time out shall cease as soon as the student has calmed Documentation: Copy of written policies and procedures regarding behavior management specific to student separation Student Record Reviews: Documentation related to Criterion 9.1(a) maintained in student records or time out log of all students Interviews: All Staff 9.4 Physical Restraint The program shall have a written policy on the use of physical restraint and administer physical restraint in accordance with the requirements of 603 CMR 46.00. Documentation: Copy of written physical restraint policies and procedures; Onsite review of record of restraints for the Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 18 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 18.05(5); 603 CMR 46.00 REQUIREMENTS The program administers physical restraint only in emergency situations of last resort when needed to protect a student and/or member of the school community from assault or imminent, serious, physical harm and with extreme caution in order to prevent or minimize any harm to the student as a result of the use of physical restraint. Physical restraint policies and procedures must include the following: 1 Methods for engaging parents and students in discussions about restraint prevention and use; 2 A description and explanation of the method of physical restraint used by the program in an emergency situation; 3 A statement prohibiting seclusion, medication restraint, mechanical restraint and prone restraint unless permitted under 603 CMR 46.03(1)(b),; 4 Physical restraint shall be used only in emergency situations of last resort, after other lawful and less intrusive alternatives have failed or been deemed inappropriate; 5 A description of the program’s procedure for conducting periodic review of data and documentation on the program’s use of restraint; 6 A description of the program’s training requirements for all staff; 7 A description of the intensive training for staff who serve as restraint resources for the program; 8 Reporting requirements and follow-up procedures for reports to parents/guardians and to the Department; 9 A procedure for receiving and investigating complaints regarding restraint practices; and 10 The director or his/her designee shall maintain an on-going record of all instances of physical restraint, which shall be made available for review by the Department upon request SOURCE OF INFORMATION current school year; and Names of staff who serve as restraint resources within the program and evidence of their intensive training Student Record Reviews: Associated restraint reports filed with the Department of Elementary and Secondary Education when a restraint results in the injury of a student requiring medical attention Staff Record Reviews: Associated restraint reports filed with the Department of Elementary and Secondary Education when a restraint results in the injury of a staff requiring medical attention Copies of individual student reviews for students who were restrained multiple time in the same week Interviews: All Staff Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 19 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS NOTE: A residential educational program must comply with ESE restraint requirements under 603 CMR 46.00 during school hours and EEC restraint requirements under 102 CMR 3.00 during residential hours. NOTE: A program within a program or facility subject to M.G.L. c. 123 or Department of Mental Health Regulations must comply with the restraint requirements of M.G.L. c. 123, 104 CMR 27.12 or 104 CMR 28.05, where applicable. NOTE: Physical restraint training must be provided to all program staff within the first month of the school year regarding restraint prevention and the requirements when restrain is used; OR For employees hired after the school year begins, physical restraint training must be provided and completed within one month of the date of hire of the employee 9.6 10+ Day The program shall develop and implement the following procedures Suspensions when suspensions constitute a change of placement. A suspension is a change of placement when: 1) it exceeds 10 consecutive school days or 34 CFR 300.530 – 537 2) it is one of a series of suspensions that constitute a pattern under 34 18.05(7) CFR 300.536. A request is made of the student's responsible school district to convene an IEP Team meeting prior to a suspension that constitutes a change in placement of a student with disabilities. The program participates in the TEAM meeting: o To develop or review a functional behavioral assessment of the student’s behavior and to develop or modify a behavior intervention plan; o To identify appropriate alternative educational setting(s); and o To conduct a manifestation determination (i.e. to determine the relationship between the disability and the behavior). SOURCE OF INFORMATION Documentation: Copy of written suspension policies and procedures Onsite review of tracking mechanism of suspensions Student Record Reviews: Documentation regarding tracking the number and duration of suspensions, as well as notification of all appropriate parties, is maintained in student records or a copy of the student suspension log Documentation of notification to parents, school districts and other appropriate parties are maintained in student records Evidence of IEP Team meetings, notices and Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 20 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION If the TEAM determines that the behavior is NOT a manifestation of the disability, the school may suspend or terminate the student consistent with policies applied to any other student in the program. The responsible school district must, however, offer an appropriate education program to the student that may be in some other setting. meeting notes, revised IEP, manifestation determination, behavioral intervention plan and/or functional behavioral assessment if applicable If the TEAM determines that the behavior IS a manifestation of the disability, the TEAM, takes steps to modify the IEP, the behavior intervention plan, and/or the placement. NOTE: Sending a student home “early” or an in-school suspension of a student who is not receiving instruction from either a licensed teacher or a paraprofessional who is being supervised by a licensed teacher is considered a suspension if the student’s IEP does not allow for the modification of learning time requirements of the Board of Elementary and Secondary Education. 9.7 Terminations 18.05(7); 28.09(12)(b) The program develops and implements a written termination policy that includes provisions regarding both Planned Terminations and Emergency Terminations. The policy must include the following: a) Planned Terminations: The program shall notify the public school district of the need for an IEP review meeting and provides notice of this meeting to all appropriate parties ten (10) days in advance of the intended date of the meeting. The purpose of the meeting will be to develop a clear and specific termination plan for the student that shall be implemented in no less than thirty (30) days unless all parties agree to an earlier termination date. b) Emergency Terminations: In circumstances where the student presents a clear and present threat to the health and safety of him/herself or others, the program shall follow the procedures required under 603 Interviews: Program Director Education Director Residential Director Clinical Director Teachers Related Services Providers Direct Care Staff Public School Contact Person State Agency Contacts Parents Documentation: Copy of written termination policy that clearly delineates between planned and emergency terminations Student Record Reviews: Evidence of notice to school districts prior to termination; Evidence of notification to parents and the Department of the emergency termination; and Meeting minutes or documentation from the Team meeting regarding termination Interviews: Board of Directors Program Director Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 21 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS CMR 28.09(12)(b) and immediately notify the Department of Elementary and Secondary Education. The program shall not terminate the enrollment of any student, even in emergency circumstances, until the enrolling public school district is informed and assumes responsibility for the student. At the request of the public school district, the program shall delay termination of the student for up to two calendar weeks to allow the public school district the opportunity to convene an emergency Team meeting or to conduct other appropriate planning discussions prior to the student's termination from the special education school program. With the mutual agreement of the program and the public school district, termination of enrollment may be delayed for longer than two calendar weeks. SOURCE OF INFORMATION Education Director Residential Director Clinical Director Teachers Direct Care Staff Public School Contact Person State Agency Contacts Parents AREA 10: EDUCATIONAL PROGRAM REQUIREMENTS - RATIOS CRITERION NUMBER, TOPIC AND LEGAL STANDARD 10.1 Staffing for Instructional Groupings 28.06(6)(d); 28 09(7)(e) REQUIREMENTS The program shall have instructional groupings that do not exceed 1) the approved ESE Student: Licensed Educator Ratio and 2) the approved ESE Student: Licensed Educator and Aide Ratio. SOURCE OF INFORMATION Documentation: Documentation that indicates the most recent ESE approved Student: Licensed Educator Ratio through either Initial Application, Program Student: Licensed Educator Ratio is defined as the number of licensed Reconstruction letter, Extraordinary Relief special education teachers, licensed regular education teachers or Letter, or Form 1 notification licensed related service providers to the number of students within an Documentation that indicates the most recent instructional group. ESE approved Student: Licensed Educator and Aide Ratio through either Initial Application, Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 22 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS Student: Licensed Educator and Aide Ratio is defined as the number of licensed special education teachers, licensed regular education teachers or licensed related service providers, and the number of aides (teacher aide, paraprofessional, direct care staff, behaviorist) to the number of students within an instructional group. SOURCE OF INFORMATION Program Reconstruction letter, Extraordinary Relief Letter, or Form 1 notification Block schedules that clearly display the numbers and initials of students, and the numbers and initials of certified educators and aides in all classrooms for all periods throughout the school day. Indicate on the schedule if staff are licensed educators or aides Observations: Classroom observation of student: licensed educator ratios and student: licensed educator and aide ratios Interviews: 10.2 Age Range 28.06(6)(f, g) The program shall ensure that the ages of the youngest and oldest child in any instructional grouping shall not differ by more than forty-eight months (4 years). Prior to exceeding the forty-eight month timeframe, an Alternate Compliance Waiver (http://www.doe.mass.edu/pqa/sa_nr) must be requested and approved by the Department. Program Director Education Director Teachers Direct Care Staff Parents Documentation: Block schedules for every classroom and every period indicating the initials of students with corresponding dates of birth Alternate Compliance Waiver, if applicable Interviews: Program Director Education Director Teachers Direct Care Staff Parents Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 23 of 63 AREA 11: EDUCATIONAL STAFFING REQUIREMENTS - STAFF POLICIES CRITERION NUMBER, TOPIC AND LEGAL STANDARD 11.1 Staff Policies and Procedures Manual 18.05(11); 18.05(11)(c)(1); 28.09(7); 28.09(11)(a); M.G.L. c. 71, § 38R; ESE Advisory on CORI revised 5/7/07; 603 CMR 26.00 as amended by Chapter 199 of the Acts of 2011 11.2 Administrative Responsibility 18.05(11)(a, b) REQUIREMENTS SOURCE OF INFORMATION The program shall develop and implement a written staff policies and procedures manual that describes: Criteria and procedures for hiring. This should include the school’s Criminal Offender Record Information (CORI) policy regarding CORI checks on employees, volunteers and transportation providers whose responsibilities bring them into direct and unmonitored contact with students (upon initial hire and every three years thereafter). [NOTE: A residential program licensed by EEC does not need to conduct independent CORI checks where those checks have been done through EEC]; Procedures for evaluation of staff; Procedures for discipline of staff (including suspensions and dismissals); Procedures for handling staff complaints (See Criterion 15.8); A plan for using volunteer and/or intern services; and, Statement of equal employment/educational opportunities in regard to race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness. Documentation: Staff policy and procedures manual The program shall designate one person who will have administrative responsibility over the operation of the program. Programs with more than 40 professional licensed staff may have one (or more) assistant administrator(s) provided the Department approves such positions. Documentation: The administrator or designee shall at all times be on the premises of the school while the program is in operation. All staff on duty shall know who is responsible for administration of the program at any given time. Staff Records Reviews: Staff performance evaluations are scheduled and written copies maintained in the staff records for all staff as outlined in the program’s staff policy and procedures manual Evidence of completed CORI checks prior to initial hire and every three years thereafter Interviews: Board of Directors Director of Human Resources/Staff Administrator All Employees Name of designated administrator and assistant administrators, if applicable Interviews: Board of Directors Executive Director Assistant Director(s) Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 24 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 11.3 Educational Administrator Qualifications 28.09(5)(a); 28.09(7)(a); 603 CMR 44.00 REQUIREMENTS At least one staff member shall be designated as the educational administrator for the program. Such person shall be assigned to supervise the provision of special education services in the program and to ensure that the services specified in each student’s IEP are delivered. The educational administrator shall either possess licensure as a special education administrator or possess all of the following: License as a special educator; A minimum of a master's degree in special education or a related field; and A minimum of one year of administrative experience. The educational administrator shall be re-licensed pursuant to the requirements of 603 CMR 44.00. The educational administrator shall obtain supervisory approval of his/her Professional Development Plan per 603 CMR 44.04, if applicable. SOURCE OF INFORMATION Documentation: Name of educational administrator(s) and, either Copy of licensure as a special education administrator or ALL of the following: Copy of ESE license as a special educator or copy of ELAR activity sheet; and, Evidence of Master’s Degree in special education or a related field; and Evidence of a minimum of one year of administrative experience (acceptable documentation includes a current resume) Staff Record Reviews: Professional Development Plan Interviews: Board of Directors Executive Director Program Director Education Director Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 25 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 11.4 Teachers (Special Education Teachers and General Education Teachers) 18.05(11)(f); 28.09(5)(a); 28.09(7)(b, c); 34 CFR 300.321 REQUIREMENTS The program must ensure that all teaching staff have teaching licenses appropriate to meet the needs of the population being served pursuant to the requirements of 603 CMR 7.00 and, additionally, must adhere to the following requirements: All teaching staff shall be re-licensed pursuant to the requirements of 603 CMR 44.00 including obtaining supervisor approval of Professional Development Plans pursuant to 603 CMR 44.04, if applicable. To the extent that teaching staff is providing special education services, such services shall be provided, designed, or supervised by a special educator. A program’s teacher who has knowledge about the education and learning progress of the student must be in attendance at the IEP meeting for the student. At least half of the teaching staff shall be licensed in special education areas appropriate to the population served at the program; other teaching staff may be licensed in other educational areas, in order to provide for content expertise in the general curriculum. The Department of Elementary and Secondary Education may require a higher proportion of licensed special educators if, in the opinion of the Department, the population requires more specialized services. The number of special education teachers and the number of the general education teachers must correspond with the most recent approved ESE budget. SOURCE OF INFORMATION Documentation: Teacher Roster Form Provide a statement regarding the most recent Department-approved number of special education teachers and general education teachers Current teaching staff roster that includes all UFR 115’s special education teachers and UFR 116’s general education teachers in the program that contains the following information: o UFR#; o Name; o Position title within the program; o Grade level(s) taught; o Subject(s) taught; o Massachusetts teaching license title, type, grade level, number and expiration date; o Copy of license or most current ELAR activity sheet; o In instances where teachers do not hold Massachusetts licensure for the area in which they are employed, a copy of a current certification waiver is provided or ELAR activity sheet; o In instances when general education teachers are providing special education services, the name and license of the special educator providing supervision; and o Most recent date of Professional Development Plan for special education teachers and general education teachers with Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 26 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION professional level licensure. Staff Record Review: Professional Development Plan Interviews: Education Director All Teachers 11.5 Related Services Staff All staff providing or supervising the provision of related services (including consultants) shall be appropriately certified, licensed or registered in their professional areas. 28.09(7)(d) Documentation: Related Services Provider Form A current roster for all related service providers that includes each provider’s o UFR #; o Name; o Position title within program; and o License number and/or Massachusetts State Board of Registration number. Copy of License and/or Massachusetts, State Board of Registration Interviews: 11.6 Master Staff Roster The program maintains a master list of ALL staff for every position within the program. The staff positions shall correspond to the last Department-approved Program Budget. This list must include job titles Executive Director Education Director Clinical Director Clinicians Nurse Related Service Providers Documentation: Master Staff Roster Form Copy of the last approved Program Budget Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 27 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 28.09(7) REQUIREMENTS along with their corresponding UFR title numbers and full-time equivalents (FTE’s). This list may include, but is not limited to: Administrators Special education teachers General education teachers Related service providers Registered Nurses Direct care workers Direct care supervisors Clerical and maintenance staff Psychologists Social workers Food service staff Consultants Any changes/discrepancies from the last Department-approved Program Budget (through Initial Application, Extraordinary Relief, Special Circumstances, Program Reconstruction) must be noted. 11.9 Organizational Structure The program shall demonstrate that its organizational structure provides for the effective and efficient operation of the school, supervision of school staff, and supervision of students. 28.09(7) SOURCE OF INFORMATION A current master staff roster that includes for each staff person o Corresponding UFR#s o UFR tittles o Full time equivalents (FTEs) o Position title o First and Last name o Vacancies indicated o Justification for any discrepancies from last approved program budget Interviews: Board of Directors Executive Director Program Director Director of Human Resources/Staff Administration Director of Operations Documentation: Submission of organizational chart that illustrate and describe lines of supervision for staff and students o Organizational charts must include the program position titles for all staff Interviews: Board of Directors All Staff 11.12 Equal Access Mass. Const. amend. The program provides all students with equal access to services, facilities, activities and benefits regardless of race, color, sex, gender identity, religion, national origin, sexual orientation, disability or Documentation: Equal Access policy Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 28 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD Art. 114; M.G.L. c. 76, § 5; 603 CMR 26.00 as amended by Chapter 199 of the Acts of 2011; Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a), (b); Title IX: 20 U.S.C. 1681; 34 CFR 106; Section 504: 29 U.S.C. 794; 34 CFR 104; Title II: 42 U.S.C.12132; 28 CFR 35.130; NCLB: Title X, Part C, § 721. REQUIREMENTS homelessness. 1. The program provides equal opportunity for all students to participate in intramural and interscholastic sports; and 2. Extracurricular activities or clubs sponsored by the program do not exclude students on the basis of race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness. SOURCE OF INFORMATION List of intramural and interscholastic sports offerings, extracurricular activities and clubs sponsored by the program as well as requirements for participation in each of these activities List and location of any separate facilities, activities or services provided on the basis of any other protected category (race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness), with narrative explaining reason for separation and confirming comparability Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 29 of 63 AREA 12: EDUCATIONAL STAFFING REQUIREMENTS – STAFF TRAINING CRITERION NUMBER, TOPIC AND LEGAL STANDARD 12.1 New Staff Orientation and Training 18.05(11)(g, i); 28.09(7)(f) 12.2 In-Service Training Plan and Calendar 28.09(7)(f); 28.09(9)(b); 28.09(10); 18.03(3); 18.05(9)(e)(1); 18.05(10); 18.05(11)(h) Title VI: 42 U.S.C. 2000d; 34 CFR 100.3; EEOA: 20 U.S.C. 1703(f); Title IX: 20 REQUIREMENTS SOURCE OF INFORMATION The program shall develop and implement a written plan for new staff Documentation: orientation and training that is consistent with the needs of the student Name of person responsible for coordination and population and includes an orientation-training program which includes implementation of orientation training the following: Program’s philosophy Copy of written orientation and training program Organization for new staff Program Practices Staff Record Reviews: Goals Staff orientation verification ESE required topics (12.2 a-e) Provisions for orientation of intern, volunteers or others who Interviews: work at the program, if applicable. All Staff NOTE: New staff may not be assigned direct care duties with students until they have participated in all mandated trainings listed under criterion 12.2 a-e through their orientation program. All staff, including new employees, interns and volunteers, must Documentation: participate in annual in-service training on average at least two hours per The name and job description for the staff month. person responsible for the development and The following topics are required in-service training topics and must be implementation of the in-service training provided annually to all staff: program/calendar a. Reporting abuse and neglect of students to the Department of Annual detailed in-service training plan. This Children and Families and/or the Disabled Persons Protection plan must reflect a minimum of: Commission; o 20 training hours for a 10 month program, or b. Disciplinary and Behavior Management Procedures used by the o 22 training hours for an eleven month program program, or 24 training hours for a twelve c. Runaway policy; month program, d. Emergency procedures including Evacuation Drills and Emergency and Drills; and o All training topics provided; e. Civil rights responsibilities (discrimination and harassment) o The name and job title of the person regarding race, color, sex, gender identity, religion, national origin, Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 30 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD U.S.C. 1681; 34 CFR 106.31-106.42; M.G.L. c. 76, § 5; 603 CMR 26.00 as amended by Chapter 199 of the Acts of 2011 REQUIREMENTS sexual orientation, disability or homelessness. The following additional topics are required in-service training topics and must be provided annually to all teaching staff: How the learning standards of Common Core Standards are incorporated into the program’s instruction; Procedures for inclusion of all students in Massachusetts Comprehensive Assessment System (MCAS) and/or Partnership for Assessment of Readiness for College and Careers (PARCC) testing and/or alternate assessments; and Student record policies and confidentiality issues. The following additional topics are required in-service training topics and must be provided annually to appropriate staff based on their job responsibilities: CPR training and certification; Medication (including, but not limited to, administration of antipsychotic medications and discussions of medications students are currently taking and their possible side effects); Transportation safety (for staff with transportation-related job responsibilities); and Student record policies and confidentiality issues (for staff who oversee, maintain or access student records). SOURCE OF INFORMATION conducting the individual training sessions; o The audiences to whom the training will be offered (i.e., special education teachers, direct care staff, social workers and volunteers/interns); o The dates and times when the various training topics will be offered; o The length of time allotted for each topic (i.e., two hours, ½ day); and o Plans for outside training opportunities (i.e., MAAPS Conference, conferences on autism, etc.). Description of how program tracks and records individual staff attendance at trainings Onsite Verification: Evidence of attendance at required trainings for staff chosen for staff file record review Documentation of staff training may include staff attendance sign-in sheet, data base chart, log or individual employee record Interviews: All Staff 12.2(c) Required TrainingCPR Certification 18.05(9)(e) The program shall develop and implement a training plan for CPR Certification, which identifies: the staff positions/titles of staff to be trained; how many staff in each position/title will be trained; and the frequency of CPR training and certification. Documentation: A copy of the training plan The name and qualifications of the certified instructor providing the CPR training List of staff who are CPR trained, their position and expiration date of their current CPR certification Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 31 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION Interviews: Executive Director Program Director Education Director Residential Director Nurse Designated CPR Certified Staff Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 32 of 63 AREA 13: PHYSICAL FACILITY AND EQUIPMENT REQUIREMENTS CRITERION NUMBER, TOPIC AND LEGAL STANDARD 13.2 Description of Physical Facility 18.04; 28.09(8) REQUIREMENTS SOURCE OF INFORMATION Kitchen, Dining, Bathing/Toilet and Living Areas: Observation: The private special education program shall ensure that all kitchen, Observations of all physical facilities dining, bathing/toilet and living areas are of an adequate type, size and design appropriate to the ages and needs of the students. The program Interviews: shall also: All Staff Maintain areas which are clean, well ventilated and free from Parents hazards; Provide students with equipment, supplies and materials (e.g., kitchen equipment, dining utensils, toilets, sinks, individual furniture and storage space) which are clean, safe, safely stored, well maintained and appropriate to the ages and needs of the students; Design all living areas to simulate the functional arrangements of a home and to encourage a personalized atmosphere for small groups of students, unless the school can justify that another arrangement is necessary to serve the particular needs of the students enrolled in the school. Classroom Space: Each room or area that is utilized for the instruction of students shall be adequate with respect to the number of students, size and age of students and students’ specific educational needs, physical capabilities and educational/vocational activities. Additionally, all programs must: Ensure that all areas, including but not limited to, floors, ceilings and walls, are clean, well maintained and free from safety hazards; and Designate space separate from classroom areas for administrative duties and staff or parent conferences. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 33 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 13.4 Physical Facility/Architectural Barriers 18.04(8); Section 504: 29 U.S.C. 794; 34 CFR 104.21,104.22; Title II: 42 U.S.C. 12132; 28 CFR 35.149, 35.150; Mass. Const. amend. art. 114 REQUIREMENTS A program shall assure that students with limited mobility have access, free from barriers to their mobility, to those areas of the buildings and grounds to which such access is necessary for the implementation of the IEPs for such students. All programs receiving federal funds shall meet the requirements of Section 504 of the Rehabilitation Act of 1973. A program which enrolls students requiring wheelchairs shall have at least one entrance without steps and wide enough for a wheelchair, for each building utilized in carrying out the IEPs for such students. If any part of the program is not accessible to students with limited physical mobility, a plan and timetable shall be provided that describes how the program will make all programs and appropriate buildings accessible. SOURCE OF INFORMATION Documentation: Narrative descriptions and floor plans indicating accessibility status Any program which is not accessible must submit the following documentation: o A plan that details steps to be taken to comply with Section 504 of the Rehabilitation Act of 1973; o The name of the person responsible for implementation of the plan; and o A timetable for completion of the above plan including periodic written progress reporting to the Department of Elementary and Secondary Education. Observation: o Observations of physical facilities to ensure students with limited mobility have access, free from barriers to their mobility, to those areas of the school buildings and grounds to which such access is necessary for the implementation of the IEP’s for such students Interviews: Board of Directors Executive Director Education Director Director of Operations Teachers Parents Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 34 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 13.7 Library/Resource Room 18.04(6)(b) REQUIREMENTS In addition to the regular instructional area, the program shall have a separate library or resource room that contains a variety of materials appropriate to the age and abilities of the students enrolled, and is available to all enrolled students. SOURCE OF INFORMATION Documentation: Description of library or resource area including types of materials available for student use; and Statement addresses when and how often students access the library Observation: Observation to ensure the program has a separate library or resource room that contains a variety of materials and is available to all enrolled students Interviews: All Staff AREA 14: REQUIREMENTS FOR DAILY CARE CRITERION NUMBER, TOPIC AND LEGAL STANDARD 14.2 Food and Nutrition 603 CMR 18.03(7); G.L. c. 69, § 1(C); Chapter 346 of the Acts of 1986; See also memo dated April 26, 2013 posted at http://www.doe.mass. edu/news/news.aspx?i d=7422; REQUIREMENTS Sending school districts and approved private and public special education school programs must collaborate to make breakfast and lunch available to publicly-funded students with disabilities if they would have had access to such meals in their sending school district. Also, if a student is eligible for free or reduced price meal benefits, that benefit must be available to the student while the student attends the approved private or public special education school program. School districts are required to communicate with such out-of-district programs whenever a student is determined to be eligible for a free or reduced price breakfast and/or lunch and/or whenever a student’s eligibility status for school meals changes. Approved private and public special education school SOURCE OF INFORMATION Documentation: Copy of written plan describing how the required communication between the program and the sending school district(s) occurs addressing lunch, and breakfast where applicable Name and Title of person(s) responsible for oversight of communication addressing lunch, and if applicable, also breakfast Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 35 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD Section 504 of the Rehabilitation Act of 1973 REQUIREMENTS programs should review the availability of meals to students who are publicly funded and sending school districts should do likewise with respect to students placed in such programs by the sending school district. SOURCE OF INFORMATION Evidence, in the form of letters and/or emails, of the communication between the program and the sending school district(s) about lunch, and if applicable, also breakfast Interviews: Executive Director Education Director AREA 15: PARENT AND STUDENT INVOLEMENT CRITERION NUMBER, TOPIC AND LEGAL STANDARD 15.1 Parental Involvement and Parents’ Advisory Group 18.05(4)(a) REQUIREMENTS The program shall have a written plan for involving parents and shall have a Parents’ Advisory Group that shall advise the program on matters that pertain to the education, health and safety of the students in the program. The program shall designate a staff person to support the Parents’ Advisory Group. SOURCE OF INFORMATION Documentation: Parent involvement plan in manual describing outreach to parents and steps to be taken to seek parental input on matters pertaining to student health, education and safety Position title and job description of staff person assigned to work with Parents’ Advisory Group Copies of schedules and agendas for Parent Advisory Group meetings Interviews: Board of Directors All Staff Parents Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 36 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 15.3 Information to be Translated into Languages Other Than English REQUIREMENTS When students have parents or guardians with limited English language skills, the program ensures that important school information is sent to them in a timely manner and provided to them in a language that they understand, either through written translations of documents or through oral interpreters. Title VI; EEOA: 20 U.S.C. 1703(f); M.G.L. c. 76, § 5; 603 CMR 26.02(2) SOURCE OF INFORMATION Documentation: Copies of important program announcements and notices published in languages other than English (must include program’s Behavior Management Policy and Procedures, if applicable) Description of how program will respond promptly to parent/guardian requests to have other important school information translated on demand, either orally or in writing Student Record Reviews: Copies of written translations of documents (consent letters, progress reports, incident reports), as applicable Interviews: 15.5 Parent Consent and Required Notification 18.05(5)(c); 18.05(8); 18.05(9)(f)(1); 18.05 The program shall develop and implement policy and procedures to work with school districts to obtain the following consents: Annual: o Emergency medical treatment o Medication Administration (when applicable) Executive Director Program Director Education Director Residential Director Teachers Parents Public School Contact Person Documentation: Copy of written policy procedures for working with school districts to obtain parent consents Sample of all consent and notification forms used by the school Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 37 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD (9)(j); M.G.L. c. 71, § 32A REQUIREMENTS When applicable: o Research o Experimentation o Fundraising o Publicity and o Observation The program’s policy and procedures shall include, when applicable, notification pursuant to Parental Notification Law M.G.L. c. 71, § 32A concerning curriculum that primarily involves human sexual education or human sexuality issues. 15.8 Registering Complaints and Grievances –Parents, Students and Employees The private special education program shall develop, implement and make available to parents and, when applicable, students a set of written procedures that may be used to register complaints regarding the student’s education and care at the school that includes specific timelines and the appeals process. 18.05(1)(b)(16); Title IX: 20 U.S.C. 1681; 34 CFR 106.8; Section 504: 29 U.S.C. 794; 34 CFR 104.7; Title II: 42 U.S.C. 12132; 28 CFR 35.107; 603 CMR 26.00 as amended by Chapter 199 of the Acts of 2011 The private special education program must also adopt and publish grievance procedures for students providing for prompt and equitable resolution of complaints alleging discrimination based on legally protected categories (race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness) that includes specific timelines and the appeals process. The private special education program must also adopt and publish grievance procedures for employees providing for prompt and equitable resolution of complaints alleging discrimination based on legally protected categories (race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness) that includes specific timelines and the appeals process. SOURCE OF INFORMATION Student Record Reviews: All required consents and notification Interviews: Executive Director Program Director Education Director Residential Director Clinical Director Public School Contact person Parents Documentation: Name, position and title of person(s) responsible for investigating and resolving complaints regarding students’ education and care Copy of complaint procedures from manual Name, position and title of person(s) responsible for investigating and resolving discrimination complaints made on behalf of employees and students Copy of grievance policy and procedure for students Copy of grievance policy and procedure for employees Copy of written procedures that are made available to students, parents and/or employees for the purpose of registering such complaints Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 38 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION Staff Record Reviews: Copies of employee grievances and resolutions, as applicable. Student Record Reviews: Copies of student complaints and grievances and resolutions as applicable Interviews: All Staff Parents AREA 16: HEALTH AND MEDICAL SERVICES CRITERION NUMBER, TOPIC AND LEGAL STANDARD 16.2 Physician Consultation 18.05(9)(a) M.G.L c. 71, §§ 53, 53A, and 53B REQUIREMENTS The program shall have a licensed physician available for consultation. NOTE: School Physician means a physician appointed by a School Committee or Board of Health in accordance with M.G.L c. 71, §§ 53, 53A, and 53B or, in the case of a private program, by the Board of Trustees. SOURCE OF INFORMATION Documentation: Name and address of licensed physician employed/contracted by the program Description of services provided to the program Interviews: Executive Director Program Director Nurses Physician Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 39 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 16.3 Nursing 18.05(9)(b) M.G.L c. 112 M.G.L. c. 71, §§ 53, 53A, and 53B 16.4 Emergency First Aid and Medical Treatment 18.05(9)(e, f) REQUIREMENTS The program shall have a registered nurse available depending upon the health care needs of the program’s population. SOURCE OF INFORMATION Documentation: Name(s) of school nurse R.N. Shift schedule Explanation of how nurse’s availability is sufficient for needs of the student population NOTE: School Nurse means a nurse practicing in a school setting, who is: (1) a graduate of an approved school for professional nursing; (2) currently licensed as a Registered Nurse pursuant to M.G.L c. Interviews: Executive Director 112; and Program Director (3) appointed by a School Committee or a Board of Health in Residential Director accordance with M.G.L. c. 71, §§ 53, 53A, and 53B or, in the Education Director case of a private school, by the Board of Trustees. Nurses Consulting Physician The program shall have develop and implement policies and procedures Documentation: for emergency first aid and medical treatment, including: Copy of written policies and procedures for No emergency first aid or medical treatment is administered to a emergency first aid and treatment from health student without written authorization from a parent. Such care manual authorization shall be renewed annually; Secure storage of adequate first aid supplies, including but not Interviews: limited to bandages, body substance isolation gloves, gauze, All Staff adhesive tape, and cleaning solutions; Easy access to first aid supplies in major activities areas; Procedures to be followed in the case of illness or emergency, including methods of transportation and notification of parents; A procedure for informing parents or the Department of Children and Families if appropriate of any medical care administered to their child other than basic first aid. (For students in the Department of Children and Families care or custody, an Educational Surrogate Parent shall not have authority to consent to routine or other medical care. For such students, consent shall be obtained consistent with the applicable Department of Children and Families requirements); and Procedures to be followed in the case of illness or emergency if parents cannot be reached. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 40 of 63 CRITERION NUMBER, TOPIC REQUIREMENTS AND LEGAL STANDARD 16.5 Administration of The program shall develop and implement written policy and procedures Medication regarding the administration of medication including, but not limited to, the following: 18.05(9)(f)(8) No medication is administered to a student without written authorization from a parent. Such authorization shall be renewed annually. No prescription medication shall be administered to a student without the written order of the physician prescribing the medication to that student. The program maintains written policies and procedures regarding prescription and administration of medication including authorization, prepackaging and staff training. Any change of medication or dosage must be authorized by a new order from a physician. A written record shall be maintained of the prescription of medication to students. A written record shall also be maintained of the administration of prescribed medication to students. Significant side effects of medications shall also be recorded. Only trained staff may administer medication. All medicine shall be kept in a locked, secure cabinet and labeled with the student's name, the name of the drug and the directions for its administration. The program shall dispose of or return to the parents any unused medication. Medications must be delivered to the school by a responsible adult in a container labeled by the physician or pharmacist. Provisions must be made for refrigeration of medications, when necessary. The program shall have a written policy regarding the amount of medication to be kept on the premises at any one time for each student receiving medication. A review of medications administered to a student shall be incorporated into all case reviews conducted at the school with staff regarding the student. SOURCE OF INFORMATION Documentation: Copy of written policy and procedures for administration of medication Interviews: Executive Director Program Director Education Director Residential Director Nurse Designated Medication Trained Staff Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 41 of 63 CRITERION NUMBER, TOPIC REQUIREMENTS AND LEGAL STANDARD 16.6 Administration of The program shall develop and implement written policy and procedures Antipsychotic for the administration of antipsychotic medication. The policy shall Medication include that the program shall not administer or arrange for the administration of antipsychotic medication (drugs used in treating 18.05(9)(f)(9) psychoses and alleviating psychotic states) except under the following circumstances: Antipsychotic medication shall be prescribed by a licensed physician for the diagnosis, treatment and care of the child and only after review of the student's medical record and actual observation of the student. The prescribing physician shall submit a written report to the school detailing the necessity for the medication, staff monitoring requirements, potential side effects that may or may not require medical attention and the next scheduled clinical meeting or series of meetings with the student. No antipsychotic prescription shall be administered for a period longer than is medically necessary and students on antipsychotic medication must be carefully monitored by a physician. Staff providing care to a student receiving antipsychotic medication shall be instructed regarding the nature of the medication, potential side effects that may or may not require medical attention and required monitoring or special precautions, if any. Except in an emergency, as defined in 18.05 (9)(g), the school shall neither administer nor arrange for the prescription and administration of antipsychotic medication unless informed written consent is obtained. If a student is in the custody of his/her parent(s), parental consent in writing is required. Parental consent may be revoked at any time unless subject to any court order. If the parent does not consent or is not available to give consent, the referral source shall be notified and judicial approval shall be sought. If a student is in the custody of a person other than the parent, a placement agency or an out-of-state public or private agency, the referral source shall be notified and judicial approval shall be sought. SOURCE OF INFORMATION Documentation: Copy of written policy and procedures for administration of antipsychotic medication Interviews: Executive Director Program Director Education Director Residential Director Nurse Designated Medication Trained Staff Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 42 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 16.7 Preventive Health Care 18.05(9)(g)(1); 105 CMR 200.100(B)(1); 105 CMR 200.400(B); 105 CMR 200.400(C); G.L. c. 71, § 57; and G.L. c. 111, § 111. REQUIREMENTS In an emergency situation, antipsychotic medication may be administered for treatment purposes without parental consent or prior judicial approval if an unforeseen combination of circumstances or the resulting state calls for immediate action and there is no less intrusive alternative to the medication. The treating physician must determine that medication is necessary to prevent the immediate substantial and irreversible deterioration of a serious mental illness. If the treating physician determines that medication should continue, informed consent or judicial approval must be obtained as required by 18.05(9)(e). The program shall inform a student twelve years of age and older, consistent with the student's capacity to understand, about the treatment, risks and potential side effects of such medication. The program shall specify and follow procedures if the student refuses to consent to administration of the medication. The program shall describe in writing a plan for the preventive health care of students: 603 CMR 18.05(9)(g)(1) Dental The program, in cooperation with the student's parents and/or human service agency, which is responsible for payment, shall make provision for each student to receive an annual comprehensive dental examination. 105 CMR 200.100(B)(1) Physical The program shall ensure that every student be separately and carefully examined by a duly licensed physician, nurse practitioner or physician assistant upon admission (within one year prior to entrance to program or within 30 days after program entry) and every 3-4 years afterwards. The program shall require a written report from the physician(s) of the results of the examination and any recommendation and/or modification of the student's activity. 105 CMR 200.400(B) Vision The program shall, in cooperation with the student's public school, develop a plan to ensure that vision screenings are conducted. The SOURCE OF INFORMATION Documentation: Copy of written plan for preventive health care from health care manual Student Record Reviews: Evidence of preventive health care screenings, medical and dental examinations and immunization and/or dated documentation of calls/emails/letters to parents/guardians requesting such documentation Interviews: Executive Director Program Director Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 43 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS vision of each student in the program is to be screened in the year of program entry; annually through grade 5 (or by age 11 in ungraded classrooms); once in grades 6 through 8 (or ages 12 through 14 in ungraded classrooms); and once in grades 9 through 12 (or ages 15 through 18 in ungraded classrooms). 105 CMR 200.400(C) Hearing The program shall, in cooperation with the student's public school, develop a plan to ensure that hearing screenings are conducted. The hearing of each student in the program is to be screened in the year of program entry; annually through grade 3 (or by age 9 in the case of ungraded classrooms); once in grades 6 through 8 (ages 12 through 14 in the case of ungraded classrooms); and once in grades 9 through 12 (ages 15 through 18 in the case of ungraded classrooms). G.L. c.71, § 57 Posture The program shall, in cooperation with the student's public school, develop a plan to ensure that postural screenings are conducted. Tests ascertaining postural defects shall be administered at least once annually in grades 5 through 9. The program shall have a policy and procedure for assuring that a student or staff member who has a reported communicable disease shall be authorized by a physician to continue to be present within the school and for notifying all parents and referring agencies of the introduction of a reported communicable disease into the program. The local board of health must be notified in accordance with M.G.L. c. 111, § 111. The program shall provide a locked, secure cabinet to keep all toxic substances, medications, sharp objects and matches out of the reach of students. Medications and medical supplies should not be locked in the same cabinet as other toxic substances. Toxic substances must be labeled with contents and antidote. The phone number for the nearest poison center must be posted clearly. Where appropriate, the program shall provide or arrange for the provision of family planning information, subject to any applicable state or federal legislation. SOURCE OF INFORMATION Nurses Parents Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 44 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION The program shall require that all students have necessary immunizations as required by the Department of Public Health. NOTE: A new student must have a documented physical within one year prior to their entrance to the program or the program must coordinate with the parents/guardians for the student to obtain a physical examination within 30 days of admission. 16.11 Student Allergies 18.05(9)(h) The program shall develop and implement written policy and procedures for protecting a student from exposure to foods, chemicals, or other materials to which they are allergic, as stated by their physician/medical assessment. Documentation: Copy of written student allergies policy and procedures Student Record Reviews: Notations of all individual student allergies and plans for protection, as applicable Interviews: All Staff 16.12 No Smoking Policy M.G.L. c. 71, § 37H The program shall develop and implement a written policy that prohibits the use of any tobacco products within the program buildings, the program facilities or on the program grounds or on buses by any individual, including school staff. Documentation: Copy of written no smoking policy Interviews: All Staff Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 45 of 63 AREA 18: STUDENT RECORDS CRITERION REQUIREMENTS NUMBER, TOPIC AND LEGAL STANDARD 18.1 Confidentiality of Programs shall keep current and complete files for each publicly funded Student Records enrolled Massachusetts student and shall manage such files consistent with the Massachusetts Student Record Regulations of 603 CMR 23.00 28.09(5)(a); and M.G.L. c. 71, § 34H. 28.09(10); 23.07(1); The program shall make the individual records of enrolled M.G.L. c. 71, § 34H Massachusetts students available to the Department of Elementary and Secondary Education upon request. Staff notes or reports regarding a student shall be legibly dated and signed by persons making entries. A log of access shall be kept as part of each student’s record. If parts of the student record are separately located, a separate log shall be kept with each part. The log shall indicate all persons who have obtained access to the student record, stating: o the name, position and signature of the person releasing the information; the name, position and, if a third party, the affiliation if any, of the person who is to receive the information; o the date of access; o the parts of the record to which access was obtained; and o the purpose of such access. o the purpose of such access. SOURCE OF INFORMATION Documentation: Name of person(s) responsible for oversight and maintenance of student records Copy of log of access form Student Record Reviews: Log of access Interviews: All Staff NOTE: Unless student record information is to be deleted or released, this log requirement shall not apply to authorized staff who inspect the student record, administrative office staff and clerical staff who add information to or obtain access to the student record and the school nurses who inspect the student health record. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 46 of 63 AREA 19: ANTI-HAZING CRITERION NUMBER, TOPIC AND LEGAL STANDARD 19 Anti-Hazing M.G.L. c. 269, §§ 17 through 19 REQUIREMENTS The principal/education director of each school program serving secondary school age students issues a copy of M.G.L. c. 269 §§ 17 through 19, to every student enrolled full-time, and every student group, student team, or student organization, including every unaffiliated student group, student team, or student organization, and a copy of the school program's anti-hazing disciplinary policy approved by the program's Board of Director's. Each school program serving secondary school age students files, at least annually, a report with the Department certifying a) Its compliance with its responsibility to inform student groups, teams, or organizations, and every full-time enrolled student, of the provisions of M.G.L. c. 269 §§ 17 through 19; b) Its adoption of a disciplinary policy with regard to the organizers and participants of hazing; and c) That the hazing policy has been included in the student handbook or other means of communicating school program policies to students. SOURCE OF INFORMATION Documentation: Report on file with Department on or before October 1st Copies of student handbooks or disciplinary code distributed to students Documentation of students’ receipt of a copy of the school program's anti-hazing disciplinary policy approved by the program's Board of Director's Interviews: All Staff Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 47 of 63 AREA 20: BULLYING PREVENTION AND INTERVENTION CRITERION NUMBER, TOPIC AND LEGAL STANDARD 20 Bullying Prevention and Intervention M.G.L. c. 71, § 37H, as amended by Chapter 92 of the Acts of 2010; M.G.L. c. 71, §§ 37O(d) as amended, (e)(1)(2). (IDEA-97) REQUIREMENTS 1. All approved private special education school programs must update school handbooks/admission materials to conform to their updated amended Bullying Prevention and Intervention Plan (Plan). The school handbook/admission materials (and local updated Plan) must be consistent with the amendments to the Massachusetts antibullying law, which became effective July 1, 2013. The amendments extend protections to students who are bullied by a member of the school staff. As defined in G.L. c. 71,37O(d), as amended, a member of the school staff includes, but is not limited to, an “educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional.” The school handbook/admission materials must make clear that a member of the school staff may be named the “aggressor” or “perpetrator” in a bullying report. 2. Employee handbooks/policies and procedures must also contain relevant sections of the amended Plan relating to the duties of faculty and staff and relevant provisions addressing the bullying of students by a school staff member. 3. Each year all approved private special education school programs must give parents and guardians annual written notice of the studentrelated sections of the Plan. 4. Each year all approved private special education school programs must provide all staff with annual written notice of the Plan. 5. All approved private special education school programs must implement, for all school staff, professional development that includes developmentally appropriate strategies to prevent bullying incidents; developmentally appropriate strategies for immediate, effective SOURCE OF INFORMATION Documentation: A description of the process the program followed to amend and update its' student handbooks/admissions materials, Bullying Prevention and Intervention Plan, and anti- bullying policies and policies pertaining to the conduct of students and teachers to be consistent with the Massachusetts anti-bullying law, which became effective July 2013 A description of how the Bullying Prevention and Intervention Plan information was distributed to parents, students and school staff A description of any ongoing professional development offered by the program for all staff during the 2014-2015 School Year and evidence of its implementation, to include dates, format(s) used and agenda(s) if appropriate Interviews: All Staff, including: Admissions Coordinators Athletic Coaches Bus Drivers Cafeteria Workers/Cooks Clinical Staff Custodians/Maintenance Workers Direct Care Workers I & II Day (Academic) positions Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 48 of 63 interventions to stop bullying incidents; information regarding the complex interaction and power differential that can take place between and among a perpetrator, victim and witnesses to the bullying; research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment; information on the incidence and nature of cyber-bullying; and internet safety issues as they relate to cyber-bullying. Direct Care Workers I & II Residential positions Nurses Parents Teachers Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 49 of 63 MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION APPROVED PRIVATE DAY AND RESIDENTIAL MID-CYCLE REVIEW PROCEDURES Mid-cycle Review Introduction A Mid-cycle Review for each Approved Private School Program will be scheduled during the third year of the program’s six year monitoring cycle. The Department’s 2015-2016 Approved Private School Programs schedule of Mid-cycle Reviews is posted on the Department’s website at: http://www.doe.mass.edu/pqa/review/psr/6yrcycle.html. The Department conducts Mid-cycle Reviews, including onsite visits, to determine the effectiveness of corrective action it has previously approved or ordered. In addition, the Department also monitors compliance with selected state and federal requirements across all private school programs being reviewed for a Mid-cycle. All 2015-2016 Mid-cycle Reviews will include a review of all criteria listed in the Selected Mid-cycle Review Criteria, as well as any areas of non-compliance that were identified during the program’s last Program Review that required a written corrective action plan and are currently still part of our monitoring standards; and any additional areas that were identified after the review in the form of complaints. The Midcycle Review Onsite Chairperson may also determine that additional areas must be reviewed and will inform the program of any additional criteria. EXIT MEETING AND PREPARATION OF MID-CYCLE REVIEW REPORT An informal Exit Meeting will be held with the Executive Director of the private school program and anyone else of his/her choosing to summarize general impressions of the visit. The Department's Mid-cycle Review Report is a public document that is to be made available by the program to its Board of Directors, parents and the general public upon request. The Department of Elementary and Secondary Education also posts all Private School Program Review and Mid-cycle Review Reports on its Internet Web site at http://www.doe.mass.edu/pqa/review/psr/reports/followup.html Upon issuance of the Mid-cycle Review Report, the program will receive an updated approval status. For programs receiving a “Full Approval,” this approval will remain in effect for three (3) years expiring on August 31st of the third year of approval. This approval will be contingent upon continued compliance with all regulations contained within 603 CMR 28.00, “Special Education Regulations,” and 603 CMR 18.00, “Program And Safety Standards For Approved Public Or Private Day And Residential Special Education School Programs,” as well as the Department’s approval of all required corrective action plans and progress reports. The Department of Elementary and Secondary Education may change this approval status at any point during the three-year period if circumstances arise that warrant such a change. For Approved Private School Programs receiving a “Provisional Approval” or “Probationary Approval,” the Department of Elementary and Secondary Education will clearly indicate the reasons for the reduced approval, along with timelines for compliance and an expiration date of the approval status. The Department will review all required progress reports related to the Mid-cycle Review Report findings and issue written determinations regarding approval or disapproval of these. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 50 of 63 NOTE: For programs undergoing Program Reconstruction, Special Circumstances or Extraordinary Relief, please note that even if the program has substantially met all of the requirements for a Full Approval, the program will remain on Provisional Approval until the completion of the Program Reconstruction, Special Circumstances or Extraordinary Relief process. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 51 of 63 Selected Mid-cycle Review Criteria School Year 2014-2015 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 2.2 Approvals, Licenses, Certificates of Inspection 18.04(1); 28.09(2)(b)(5); 28.09(5) (b); 28.09(6) (b, c) REQUIREMENTS The program has current licenses, approvals, and certificates of inspection by state and local agencies. 2.3 EEC Licensure 102 CMR 3.00 (Residential Programs only) SOURCE OF INFORMATION Documentation: Provide current copies of licenses, approvals, and certificates of inspection Safety Inspection. The program shall have an appropriate certificate of inspection from the Department of Public Safety or the local building inspector for each building to which students have access; Observation: Fire Inspection. The program shall obtain a written report of an annual fire Posted Certificates inspection from the local fire department; Lead paint inspection (if facility was built prior to 1978). All buildings, residential or otherwise, utilized by children younger than six or with a mental age younger than six shall be free of lead paint; Local Board of Health permit if providing food services; Asbestos inspection or date when building was constructed and statement from appropriate authority that building is asbestos-free (if asbestos is present, then a containment plan is necessary); and Statement regarding the non-existence of PCBs, or, if PCBs are present, then a containment plan. The residential program has a current, full license from the Department of Early Education and Care (EEC) (per 102 CMR 3.00). Approval by EEC to operate a group care facility or a day care center (if applicable). Documentation: Provide copy of EEC license Interviews: Executive Director/Program Director Residential Director EEC Licensing Specialist Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 52 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 6.1 Daily Instructional Hours 603 CMR 27.04 REQUIREMENTS The program ensures that each student is scheduled to receive an average minimum of the following instructional hours unless otherwise approved by ESE or a student’s IEP provides otherwise: Elementary – A total of: 10 month program – 900 hours 11 month program – 990 hours 12 month program – 1080 hours Secondary – A total of: 10 month program – 990 hours 11 month program –1089 hours 12 month program – 1188 hours The program ensures that, unless a student’s IEP provides otherwise, each elementary school student is scheduled for at least 900 hours of structured learning time a year and each secondary school student is scheduled for at least 990 hours of structured learning time a year (including physical education for all students, required by M.G.L. c. 71, § 3), within the required school year schedule. Where the private special education program operates separate middle schools, at the beginning of the school year it designates each one as either elementary or secondary. NOTE: The program ensures that its structured learning time is time during which students are engaged in regularly scheduled instruction, learning or assessments within the curriculum of core subjects and other subjects as defined in 603 CMR 27.02. The program’s structured learning time may include directed study (activities directly related to a program of studies, with a teacher available to assist students); independent study (a rigorous, individually designed program under the direction of a teacher, assigned a grade and credit); technology-assisted learning; presentations by persons other than teachers; school-to-work programs; and statewide student performance assessments. SOURCE OF INFORMATION Documentation: Learning Time Worksheet Block schedule that includes: o Beginning and ending time for each instructional block; o Subject area for each block; o All non-instructional time (e.g. lunch, recess, transitions between classes, etc.,.); and o If non-instructional time activities are counted as instructional hours, they must be specified in student’s IEPs Calculation of the total number of instructional hours per year with documentation of how total was determined Interviews: Education Director Teachers Related Service Providers Direct Care Staff Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 53 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 6.4 School Days Per Year 603 CMR 27.05(2); 28.09(9)(a) REQUIREMENTS All programs are run for the following minimum number of days (exclusive of weekends, holidays, vacations): 10 month program - 180 days 11 month program – 198 days 12 month program – 216 days Before the beginning of each school year, the program sets a school year schedule for each program. This schedule must include at least five additional school days to account for unforeseen circumstances (i.e., snowstorms). NOTE: All programs must schedule the number of school days per ESE’s application approval plus five additional days for unforeseen circumstances. SOURCE OF INFORMATION Documentation: Copy of school calendar for school year clearly indicating number of scheduled days o The last day of school must be indicated o Five additional school days to account for unforeseen circumstances must be indicated o The last day of school must be indicated for high school seniors Interviews: All Staff Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 54 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 8.5 Current IEP & Student Roster 28.09(5)(a) REQUIREMENTS The program has on file a current IEP for each enrolled Massachusetts student that has been issued by the responsible public school district and consented to and dated by the student’s parent(s) (or student, when applicable). SOURCE OF INFORMATION Documentation: Student Roster Form A roster of publicly funded Massachusetts students currently enrolled in the program containing the following information: o Each student’s initials (not name); o The school district responsible for preparing the student’s IEP; o The agency(ies) supporting any part of the student’s tuition; o The portion of tuition supported by such agency(ies); o The implementation date of the current IEP; o The date of expiration for the student’s current IEP; o The date of parental signature; o The name of the school district contact person for each student; and o For each unsigned IEP, evidence/documentation of efforts and/or steps taken for the public school district to obtain signed IEPs Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 55 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION Student Record Reviews: Current IEPs of students Interviews: Education Director Teachers Parents Public School Contact Person 11.3 Educational Administrator Qualifications 28.09(5)(a); 28.09(7)(a); 603 CMR 44.00 At least one staff member shall be designated as the educational administrator for the Documentation: program. Such person shall be assigned to supervise the provision of special education Name of educational administrator(s) services in the program and to ensure that the services specified in each student’s IEP and are delivered. The educational administrator shall either possess licensure as a special Copy of licensure as a special education administrator or possess all of the following: education administrator License as a special educator; A minimum of a master's degree in special education or a related field; and or ALL of the following: A minimum of one year of administrative experience. Copy of license as a special educator or copy of ELAR activity sheet; and, The educational administrator shall be re-licensed pursuant to the requirements of 603 Evidence of Master’s Degree in CMR 44.00. special education or a related field; and The educational administrator shall obtain supervisory approval of his/her Evidence of a minimum of one year Professional Development Plan per 603 CMR 44.0, if applicable. of administrative experience (acceptable documentation includes a current resume) Staff Record Reviews: Professional Development Plan Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 56 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 11.4 Teachers (Special Education Teachers and General Education Teachers) 18.05(11)(f); 28.09 (5)(a); 28.09(7)(b,c); 34 CFR 300.321 REQUIREMENTS The program must ensure that all teaching staff have teaching licenses appropriate to meet the needs of the population being served pursuant to the requirements of 603 CMR 7.00 and, additionally, must adhere to the following requirements: All teaching staff shall be re-licensed pursuant to the requirements of 603 CMR 44.00 including obtaining supervisor approval of Professional Development Plans pursuant to 603 CMR 44.04, if applicable. To the extent that teaching staff is providing special education services, such services shall be provided, designed, or supervised by a special educator. A program’s teacher who has knowledge about the education and learning progress of the student must be in attendance at the IEP meeting for the student. At least half of the teaching staff shall be licensed in special education areas appropriate to the population served at the program; other teaching staff may be licensed in other educational areas, in order to provide for content expertise in the general curriculum. The Department of Elementary and Secondary Education may require a higher proportion of licensed special educators if, in the opinion of the Department, the population requires more specialized services. The number of special education teachers and the number of the general education teachers must correspond with the most recent Department-approved budget. SOURCE OF INFORMATION Documentation: Teacher Roster Form Provide a statement regarding the most recent Department-approved number of special education teachers and general education teachers Current teaching staff roster that includes all UFR 115’s special education teachers and UFR 116’s general education teachers in the program that contains the following information: o UFR#; o Name; o Position title within the program; o Grade level(s) taught; o Subject(s) taught; o Massachusetts teaching license title, type, grade level, number and expiration date; and o Copy of license or most current ELAR activity sheet. Interviews: Board of Directors Executive Director Program Director Education Director Teachers Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 57 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 11.5 Related Services Staff 28.09(7)(d) REQUIREMENTS SOURCE OF INFORMATION All staff providing or supervising the provision of related services (including consultants) shall be appropriately certified, licensed or registered in their professional areas. Documentation: Related Services Provider Form A current roster for all related service providers that includes each provider’s o UFR #; o Name; o Position title within program; and o License number and/or Massachusetts State Board of Registration number Copy of License and/or Massachusetts State Board of Registration Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 58 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS SOURCE OF INFORMATION Interviews: 11.6 Master Staff Roster 28.09(7) The program maintains a master list of ALL staff for every position within the program. The staff positions shall correspond to the last Department-approved Program Budget. This list must include job titles along with their corresponding UFR title numbers and full-time equivalents (FTE’s). This list may include, but is not limited to: Administrators Special education teachers General education teachers Related service providers Registered Nurses Direct care workers Direct care supervisors Clerical and maintenance staff Psychologists Social workers Food service staff Consultants Any changes/discrepancies from the last Department-approved Program Budget (through Initial Application, Extraordinary Relief, Special Circumstances, Program Reconstruction) must be described on the Master Staff Roster template (that can be found in the Appendix I). Executive Director Education Director Clinical Director Clinicians Nurse Related Service Providers Documentation: Master Staff Roster Form Copy of the last Departmentapproved Program Budget A current master staff roster that includes for each staff person o Corresponding UFR#s o UFR tittles o Full time equivalents (FTEs) o Position title o First and Last name o Vacancies indicated o Justification for any o discrepancies from last approved program budget Interviews: Board of Directors Executive Director Program Director Director of Human Resources/Staff Administration Director of Operations Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 59 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 11.12 Equal Access Mass. Const. amend. Art. 114; M.G.L. c. 76, § 5; 603 CMR 26.00 as amended by Chapter 199 of the Acts of 2011; Title VI: 42 U.S.C. 2000d; 34 CFR 100.3(a), (b); Title IX: 20 U.S.C. 1681; 34 CFR 106; Section 504: 29 U.S.C. 794; 34 CFR 104; Title II: 42 U.S.C.12132; 28 CFR 35.130; NCLB: Title X, Part C, § 721. REQUIREMENTS The program provides all students with equal access to services, facilities, activities and benefits regardless of race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness. 1. The program provides equal opportunity for all students to participate in intramural and interscholastic sports; and 2. Extracurricular activities or clubs sponsored by the program do not exclude students on the basis of race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness. SOURCE OF INFORMATION Documentation: Equal Access policy List of intramural and interscholastic sports offerings, extracurricular activities and clubs sponsored by the program as well as requirements for participation in each of these activities List and location of any separate facilities, activities or services provided on the basis of any other protected category (race, color, sex, gender identity, religion, national origin, sexual orientation, disability or homelessness), with narrative explaining reason for separation and confirming comparability Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 60 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 14.2 Food and Nutrition 603 CMR 18.03(7); G.L. c. 69, § 1(C); Chapter 346 of the Acts of 1986; See also memo dated April 26, 2013 posted at http://www.doe.mass.edu/n ews/news.aspx?id=7422 (IDEA-97) Section 504 of the Rehabilitation Act of 1973 REQUIREMENTS Sending school districts and approved private and public special education school programs must collaborate to make breakfast and lunch available to publicly-funded students with disabilities if they would have had access to such meals in their sending school district. Also, if a student is eligible for free or reduced price meal benefits, that benefit must be available to the student while the student attends the approved private or public special education school program. School districts are required to communicate with such out-of-district programs whenever a student is determined to be eligible for a free or reduced price breakfast and/or lunch and/or whenever a student’s eligibility status for school meals changes. Approved private and public special education school programs should review the availability of meals to students who are publicly funded and sending school districts should do likewise with respect to students placed in such programs by the sending school district. SOURCE OF INFORMATION Documentation: Copy of written plan describing how the required communication between the program and the sending school district(s) occurs addressing lunch, and breakfast where applicable Name and Title of person(s) responsible for oversight of communication addressing lunch, and if applicable, also breakfast Evidence, in the form of letters and/or emails, of the communication between the program and the sending school district(s) about lunch, and if applicable, also breakfast Interviews: Executive Director Education Director 19 Anti-Hazing M.G.L. c. 269, §§ 17 through 19 The principal/education director of each school program serving secondary school age students issues a copy of M.G.L. c. 269 §§ 17 through 19, to every student enrolled full-time, and every student group, student team, or student organization, including every unaffiliated student group, student team, or student organization, and a copy of the school program's anti-hazing disciplinary policy approved by the program's Board of Director's. Documentation: Report on file with Department on or before October 1st Copies of student handbooks or disciplinary code distributed to students Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 61 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD 20 Bullying Prevention and Intervention M.G.L. c. 71, § 37H, as amended by Chapter 92 of the Acts of 2010; M.G.L. c. 71, §§ 37O(d) as amended, (e)(1)(2). (IDEA-97) REQUIREMENTS SOURCE OF INFORMATION Each school program serving secondary school age students files, at least annually, a report with the Department certifying a) Its compliance with its responsibility to inform student groups, teams, or organizations, and every full-time enrolled student, of the provisions of M.G.L. c.269 §§ 17 through 19; b) Its adoption of a disciplinary policy with regard to the organizers and participants of hazing; and c) That the hazing policy has been included in the student handbook or other means of communicating school program policies to students. Documentation of students’ receipt of a copy of the school program's anti-hazing disciplinary policy approved by the program's Board of Director's 1. All approved private special education school programs must update school handbooks/admission materials to conform to their updated amended Bullying Prevention and Intervention Plan (Plan). The school handbook/admission materials (and local updated Plan) must be consistent with the amendments to the Massachusetts anti-bullying law, which became effective July 1, 2013. The amendments extend protections to students who are bullied by a member of the school staff. As defined in G.L. c. 71,37O(d), as amended, a member of the school staff includes, but is not limited to, an “educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional.” The school handbook/admission materials must make clear that a member of the school staff may be named the “aggressor” or “perpetrator” in a bullying report. Documentation: 2. Employee handbooks/policies and procedures must also contain relevant sections of the amended Plan relating to the duties of faculty and staff and relevant provisions addressing the bullying of students by a school staff member. Interviews: All Staff A description of the process the program followed to amend and update its' student handbooks/admissions materials, Bullying Prevention and Intervention Plan, and antibullying policies and policies pertaining to the conduct of students and teachers to be consistent with the Massachusetts anti-bullying law, which became effective July 2013 A description of how the Bullying Prevention and Intervention Plan information was distributed to parents, students and school staff A description of any ongoing professional development offered by the program for all staff during 3. Each year all approved private special education school programs must give parents and guardians annual written notice of the student-related sections of the Plan. 4. Each year all approved private special education school programs must provide all staff with annual written notice of the Plan. Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 62 of 63 CRITERION NUMBER, TOPIC AND LEGAL STANDARD REQUIREMENTS 5. All approved private special education school programs must implement, for all school staff, professional development that includes developmentally appropriate strategies to prevent bullying incidents; developmentally appropriate strategies for immediate, effective interventions to stop bullying incidents; information regarding the complex interaction and power differential that can take place between and among a perpetrator, victim and witnesses to the bullying; research findings on bullying, including information about specific categories of students who have been shown to be particularly at risk for bullying in the school environment; information on the incidence and nature of cyber-bullying; and internet safety issues as they relate to cyber-bullying. SOURCE OF INFORMATION the 2014-2015 School Year and evidence of its implementation, to include dates, format(s) used and agenda(s) if appropriate Interviews: All Staff, including: Admissions Coordinators Athletic Coaches Bus Drivers Cafeteria Workers/Cooks Clinical Staff Custodians/Maintenance Workers Direct Care Workers I & II Day (Academic) positions Direct Care Workers I & II Residential positions Nurses Parents Teachers Approved Private School Education Program and Mid-cycle Review Procedures – 2015-2016 Page 63 of 63 Appendix I Private School Structured Learning Time Worksheet Pursuant to Criteria: PS 6.1 – Daily Instructional Hours PS 6.1(a) – Physical Education Requirements PS 6.4 – School Days Per Year; Release of High School Seniors PS 6.1 Daily Instructional Hours and 6.4 School Days Per Year; Release of High School Seniors PS 6.1(a) – Physical Education Requirements Student Learning Time Worksheet Purpose and Directions PURPOSE: The purpose of the Student Learning Time Regulations (603 CMR 27.00) is to ensure that every publicly-funded school in Massachusetts provides sufficient structured learning time equitably for all students. The Department of Elementary and Secondary Education (“Department”) requires each publicly-funded Massachusetts student attending an approved private special education school program to be scheduled to receive the number of instructional hours the program was approved by the Department to deliver unless otherwise indicated in a student’s IEP. During a Program Review, as part of the Department’s efforts to ensure compliance with these regulations, the Department reviews the structured learning time for every approved program an agency operates in order to verify that all students are scheduled to receive the approved amount in accordance with monitoring standards PS 6.1 Daily Instructional Hours and PS 6.4 School Days Per Year; Release of High School Seniors, as well as PS 6.1(a) Physical Education Requirements. An agency is required to make any changes necessary to conform with the Board of Elementary and Secondary Education’s regulations in this regard. DIRECTIONS: An agency must upload this document in order for the Department to determine if students are scheduled to receive the number of instructional hours a program was approved by the Department to provide. A separate worksheet should be used for each approved program where an agency operates more than one program. If any program is not in full compliance with the student learning time standards described under the program review criteria PS 6.1 and 6.4, or physical education requirements under PS 6.1(a) pursuant to M.G.L. c.71, sec.3, it should prepare a written plan to bring the effected program into full compliance and upload that plan under “Additional Documents” after the agency’s self-assessment has been submitted. AGENCY STUDENT LEARNING TIME WORKSHEET (Page 1 of 2) Agency Name: _________________________________________________ Program Name(s): _________________________________________________ 1. How many total days are scheduled for the school year including days set aside for professional development and weatherrelated days? ______days 2. How many days in the school year are ALL students scheduled to attend? Do not include kindergarten. Do not include orientation days unless all grades are in attendance. Do not subtract senior early release days. ______days 3. If the program operates any middle school programs, they are designated as: (Check one) _____Elementary (900 hours) OR_____Secondary (990 hours) 4. How many annual hours is the program scheduled for kindergarten students? (Label “NA” any type of program that does not exist.) _______Morning half-day programs _______Afternoon half-day programs _______Full-day programs 5. Are there any programs operated by the agency that are not in full compliance with program review criteria PS 6.1, 6.1(a) and 6.4 (See http://www.doe.mass.edu/pqa/review/psr/instrument.pdf)? Yes No (See Next Page) AGENCY STUDENT LEARNING TIME WORKSHEET (Page 2 of 2) Agency Name: _________________________________________________ Program Name(s): _________________________________________________ If “yes,” identify the programs(s) and, for each, the area(s) of noncompliance ___________________________________________________________________________________ ___________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ and attach the agency’s plan to bring all programs into full compliance. At a minimum, this plan must include: • A complete description of the corrective action activities the agency will implement • Target completion dates • Anticipated results • Evidence of completion • Person(s) responsible for implementation of activities • The agency’s process for evaluating corrective action and ensuring ongoing compliance ______________________________________________________ (Signature and title of agency head completing this worksheet or designee) _________________ (Date) PROGRAM STUDENT LEARNING TIME WORKSHEET (Page 1 of 2) Name of Program:__________________________________________________________ Level (Elementary, Middle, Secondary): __________________ Grades in Program:______________________ Check One: This worksheet applies to all students within the program. There is a separate copy of this worksheet attached for each instructional group whose schedule does not conform to the program’s standard instructional schedule. (On the separate copy, write the name of the group after the name of the program.) 1. Of the number of student days scheduled in the student year (the number of days the Department approved your program to operate), how many are scheduled early release days or scheduled delayed opening days (e.g., day before holiday, professional development, parent conferences)? _______days 2. How many annual structured learning hours are students missing due to scheduled early release or scheduled delayed opening? _______hrs. _______mins. 3. The student day begins at _____A.M. and ends at _____P.M.; therefore the student day contains: _______hrs. _______mins. 4. How much time is spent per day in homeroom, at breakfast and lunch, passing between classes, at recess, conducting health screenings and preventative services and in non-directed study? _______hrs. _______mins. 5. Subtract the amount of daily non-instructional time in number 4 from the total time indicated in number 3. This gives the daily structured learning time per student. _______hrs. _______mins. 6. How many days in a school year are ALL STUDENTS scheduled to attend? Do not include kindergarten. Do not include orientation days unless all students are required to attend. Do not subtract senior early release days. _______days 7. Multiply the daily structured learning time indicated in number 5 by the number of student days in number 6. This equals: _______hrs. _______mins. 8. From the total in number 7, subtract the time not scheduled because of early release or delayed opening indicated in number 2. This gives the amount of annual structured learning time. _______hrs. _______mins. (See Next Page) PROGRAM STUDENT LEARNING TIME WORKSHEET (Page 2 of 2) Name of Program:__________________________________________________________ 9. List all grades (including kindergarten) in which physical education is taught as a required subject for all students in the grade: Grades: _________________________________________________________ 10. (Only for programs that have grade 12) What was the last day of attendance for seniors last year? _______________________________________ What was the date of graduation last year? _____________________________ What was the regular scheduled closing date for your school last year? ______________________________ (NOTE: No other group of students (grades 1-11) is eligible for release before the end of the school year.) _________________________________________________ _______ (Signature and title of Education Admin., Education Dir. or Principal completing worksheet) (Date) Note: Where this school does not comply with PS 6.1, 6.1(a) or 6.4 an action plan to bring it into full compliance can be attached to the agency’s Student Learning Time Worksheet Tool and uploaded into Additional Documents in the WBMS. (See http://www.doe.mass.edu/pqa/review/psr/instrument.pdf). CRITERION 8.5 DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION STUDENT ROSTER AGENCY NAME:________________________________________________________ PROGRAM NAME:______________________________________________________ NOTE: Include only publicly funded Massachusetts students currently enrolled in the program. Please list all students in alphabetical order by last initial. For each IEP expiration date that has passed, provide a statement describing the efforts made by the program to obtain a current IEP. Include specifics, such as who from the program provided the follow up; the date a call was made or a letter was issued; and the name of the person communicated with from the sending school district Student School district Name of the school district Agency(ies) Portion of Implementation Expiration date of Date of parental initials responsible for contact person supporting tuition date of the most the most recently signature on the most preparing the any part of supported recently issued issued and recently issued and student’s IEP the student’s by such and consented to consented to IEP consented to IEP tuition agency(ies) IEP CRITERION 11.4 DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION TEACHER ROSTER AGENCY NAME:________________________________________________________ PROGRAM NAME:______________________________________________________ NOTE: Only include staff identified as UFR #115 Special Education Teacher and UFR #116 Regular Education Teacher. Reflect both the subject area and the grade level(s) actually covered by each teaching license. Examples: Teacher of Students with Moderate Disabilities Grades PreK-8; Teacher of Students with Moderate Disabilities Grades 5-12; Teacher of Students with Severe Disabilities All levels; Mathematics Grades 1-6; Mathematics Grades 5-8; Mathematics Grades 8-12. UFR # NAME Enter one name per line POSITION TITLE WITHIN PROGRAM GRADE LEVEL(S) TAUGHT SUBJECT(S) AREA TAUGHT MA LICENSE INFORMATION License Title, Type, Grade Level, License Number, Expiration Date CRITERION 11.5 DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION RELATED SERVICES STAFF ROSTER AGENCY NAME:________________________________________________________ PROGRAM NAME:______________________________________________________ NOTE: List all staff providing or supervising the provision of related services whose services require a Massachusetts Professional License (including consultants) in alphabetical order. Enter one staff name per line and group according to UFR#. UFR # NAME POSITION TITLE WITHIN PROGRAM MA LICENSE, REGISTRATION OR CERTIFICATION TYPE, NUMBER AND EXPIRATION DATE CRITERION 11.6 UFR # 101 102 103 104 105 107 108 109 111 112 113 114 115 116 117 118 119 120 DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION MASTER STAFF ROSTER AGENCY NAME: __________________________________ PROGRAM NAME: __________________________________ DATE OF SUBMISSION: ____________________________ NOTE: One staff name per line; this master staff roster must indicate all FTE’s that matches the last approved budget. FIRST AND LAST NAME OF Total POSITION TITLE PERSON *JUSTIFICATION FOR ALL FTE(s) WITHIN CURRENTLY IN DISCREPANCIES FROM THE LAST UFR Title PROGRAM POSITION APPROVED PROGRAM BUDGET (NOTE IF VACANT) Program Function Manager Program Director Assistant Program Director Supervising Professional Physician Registered Nurse/ Master’s Registered Nurse Licensed Practical Nurse Occupational Therapist Physical Therapist Speech / Language Pathologist, Audiologist Dietician/Nutritionist Special Education Teacher Teacher Day Care Director Day Care Lead Teacher Day Care Teacher Day Care Assistant Teacher/Aides CRITERION 11.6 121 122 123 124 125 126 127 130 Psychiatrist Psychologist – Doctorate Clinician Social Worker - LICSW Social Worker - LCSW Social Worker - LSW Licensed Counselor Counselor 131 Case Worker/Manager – Master’s 132 133 134 135 136 137 138 201 202 206 Case Worker/Manager Direct Care Program Staff Supervisor Direct Care/Program Staff III Direct Care / Program Staff II Direct Care/Program Staff I Program Secretarial / Clerical Program Support – Housekeeping, Cook, Maintenance, Janitorial, Groundskeeper, Driver Direct Care Consultant Temporary Help Sub-Contract Direct Care Massachusetts Department of Elementary and Secondary Education Program Quality Assurance Services Form 1: NOTIFICATION / REQUEST FOR PRIOR APPROVAL OF SUBSTANTIAL CHANGES WITHIN A PRIVATE SPECIAL EDUCATION SCHOOL PROGRAM Date of this notice: ______________ Directions: All Private Special Education School Programs must complete page 1 of this form and attach to it a narrative description addressing the applicable Notification or Request for Prior Approval of the substantial change(s). Include in the narrative the program’s rationale for such change(s). Also include the required corresponding documentation listed on pages 2-3, and any other information that the program believes justifies such request(s). Please consult pages 4-5 of this form for Guidance. Fax or send this notice to: Director, Program Quality Assurance Services, Massachusetts Department of Elementary and Secondary Education, 75 Pleasant Street, Malden, MA 02148-4906 – Fax: 781-338-3710 Pursuant to 603 CMR 28.09(5)(c), this private special education school program is hereby providing written notification / requesting prior approval from the Department for the following reason(s): NOTIFICATION TO ESE REQUIRED: Note the applicable specific timeline required for each notification Immediate notification for: ___ unexpected building change as the result of an emergency ___ change in program’s financial status that impacts either the health and safety of students or the service delivery to students ___ closure of a program 15 working days notification for: ___ each 10% decrease in enrollment of students based on the last approved ESE Program Budget ___ change in program’s ownership ___ change in program’s name ___ vacanc(ies) in approved staff positions not filled by another appropriately licensed or waivered staff person, and that have a direct impact on the service delivery to students PRIOR APPROVAL FROM ESE REQUIRED BEFORE CHANGES MAY OCCUR: ___ changes to school building(s)/physical facilities that are not due to an emergency, but are related to relocation and/or expansion of building(s) ___ changes made by the school to ESE required policies and procedures that result in continued adherence to regulatory requirements ___ request to increase or decrease the ages of the students being served ___ request to change or add gender of students being served ___ each 10% increase in enrollment of students based on the last approved ESE Program Budget ___ adding, eliminating, or changing staff positions Private School Program Agency: ________________________________________________________________________ Address: ______________________________________________________________ Telephone: (__) ___________________ Name of Program: ______________________________________ Program Contact Person: __________________________ E-mail Address of Contact Person: ____________________________ Telephone of Contact Person: (__) __________________ Address of Program: _________________________________________ Telephone: ( ) _______________________________ ____ Day School OR ___ Residential School Name of Program Director: ______________________________ Signature: ___________________________________________DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION ACTION APPROVAL STATUS: Receipt Acknowledged on: Approved on: Denied on: Received by ESE on: All required documentation received on: ________________________ Request for Change Approved on: ____________________ Request for Change Denied on: ______________________(Reason attached.) ___________________________________ (Liaison, Program Quality Assurance) _____________________________________ (Supervisor, Program Quality Assurance) ______________________________________ (Director, Program Quality Assurance) Private School Program Staff Completing Page 1 of this form can review the checklist below to ensure that information submitted to the Department is complete and that it responds to all Form 1 information requirements. Necessary Information Required for Form 1’s NOTIFICATION: Required documentation for the monitoring criteria listed below can be found at http://www.doe.mass.edu/pqa/review/psr/instrument.doc IMMEDIATE NOTIFICATION IS REQUIRED Unexpected building change as the result of an emergency Approvals, Licenses, Certificates of Inspection (criteria 2.2) EEC Licensure if applicable (criteria 2.3) Physical Facility/Architectural Barriers (criteria 13.4) Notification to parents/guardians and responsible school districts Anticipated return date to original location Change in program’s financial status that impacts either the health and safety of students or the service delivery to students Current Student Roster (criteria 8.5) Staffing for Instructional Groupings (criteria 10.1) Teacher Roster (Special Education Teachers and Regular Education Teachers) (criteria 11.4) Master Staff Roster (criteria 11.6) Closure of a program Current Student Roster (criteria 8.5) Written notification sent to funding sources Written notification sent to parents/guardians Date program is expected to close Transition status/plan for all students currently enrolled regarding new placements sought/secured Student Record transfer plan for all students enrolled and for all prior students Weekly or monthly updates to ESE on the Transition status/plan for all students enrolled Weekly or monthly updates to ESE on the Student Record transfer plan for all students 15 WORKING DAYS NOTIFICATION IS REQUIRED Each 10% decrease in enrollment of students based on the last approved ESE Program Budget Current Student Roster (criteria 8.5) Staffing for Instructional Groupings (criteria 10.1) Age Range (criteria 10.2) Teacher Roster (Special Education Teachers and Regular Education Teachers) (criteria 11.4) Related Services Staff (criteria 11.5) Master Staff Roster highlighting positions that have been temporarily eliminated or reduced due to decrease in student enrollment, but that still meet approved staff to student ratios (criteria 11.6) Number of students currently enrolled in the program Last approved Program Budget including number of students ESE has approved for enrollment Change in program’s ownership Master Staff Roster (11.6) Organizational structure (criteria 11.9) Change in program’s name Organizational structure (criteria 11.9) Vacanc(ies) in approved staff positions not filled by another appropriately licensed or waivered staff person that have a direct impact on the service delivery to students Master Staff Roster (criteria 11.6) Notification letter sent to funding public school district(s) of students affected by vacanc(ies) Efforts school is making to fill vacanc(ies) Alternative methods for provision of services Necessary Information Required for Form 1’s: PRIOR APPROVAL: Required documentation for the monitoring criteria listed below can be found at http://www.doe.mass.edu/pqa/review/psr/instrument.doc Changes to school building(s)/physical facilities that are not due to an emergency, but are related to relocation and/or expansion of building(s) Approvals, Licenses, Certificates of Inspection (criteria 2.2) EEC Licensure if applicable (criteria 2.3) Physical Facility/Architectural Barriers (criteria 13.4) Library/Resource Room (criteria 13.7) Expected date construction will begin and will be completed and the impact on students, if any Expected date of onsite visit from ESE liaison Written assurance that students will not use the building until the Form 1 is approved by ESE Changes made by the school to ESE required policies and procedures that result in continued adherence to regulatory requirements Copy of program’s proposed policy clearly identifying all changes to ESE previously approved policy Criteria number in ESE monitoring booklet and/or regulation number Method of dissemination to parents/guardians and funding sources after new and/or revised policy is approved by ESE Request to increase or decrease the ages of the students being served Program and Student Description (the 1st 5 bullets of criteria 1.2) Staffing for Instructional Groupings (criteria 10.1) Age Range (criteria 10.2) Teacher Roster (Special Education Teachers and Regular Education Teachers) (criteria 11.4) Ages currently approved to serve Ages proposing/requesting to serve Request to change or add gender of students being served Program and Student Description (the 1st 5 bullets of criteria 1.2) Staffing for Instructional Groupings (criteria 10.1) Age Range (criteria 10.2) Teacher Roster (Special Education Teachers and Regular Education Teachers) (criteria 11.4) Genders currently approved to serve Genders proposing/requesting to serve Each 10% increase in enrollment of students based on the last approved ESE Program Budget Current Student Roster (criteria 8.5) Staffing for Instructional Groupings (criteria 10.1) Age Range (criteria 10.2) Teacher Roster (Special Education Teachers and Regular Education Teachers) (criteria 11.4) Related Services Staff Roster (criteria 11.5) Master Staff Roster highlighting additional positions required to meet approved staff to student ratios resulting from increased student enrollment (criteria 11.6) Description of physical facility including how it will accommodate an increase of enrolled students (criteria 13.2) Number of students currently enrolled in the program Last approved Program Budget including number of students ESE has approved for enrollment Number of students by which enrollment will increase Adding, eliminating, or changing staff positions Current Master Staff Roster (criteria 11.6) Proposed Master Staff Roster (criteria 11.6) Written notification that will be sent to funding sources once change has been approved by ESE Guidance for Completing Form 1: Notification/Request For Prior Approval of Substantial Changes Within A Private Special Education School Program The Department of Elementary and Secondary Education (ESE) has developed this written guidance to private special education school programs in order to clarify reporting requirements for certain changes to its program(s) that are proposed and/or unexpected, as well as the supporting documentation that must be submitted with the Form 1. All private special education school programs seeking to make changes to its currently approved program(s) must complete a Form 1: Notification/Request For Prior Approval of Substantial Changes Within A Private Special Education School Program. All private special education school programs must attach a narrative description that directly pertains to the school’s notification or request for prior approval of the substantial change(s). The narrative must include a rationale for such change(s). All private special education school programs must submit the required documentation referenced on pages 2 and 3 of this form. The applicable monitoring criteria that relates to that required documentation can be found at http://www.doe.mass.edu/pqa/review/psr/instrument.doc. Please note that the checklist has been developed as a tool for your school program to use, but is not required to be completed by your school program. While the private special education school programs do not need to complete nor submit the checklist, it is recommended that all schools refer to the documentation requirements in order to determine the appropriate documentation that needs to be submitted with the Form 1. It is important for the school to submit any other information it believes justifies such request(s). ESE is requiring private special education school programs to make immediate notification under the following circumstances: An unexpected building change as the result of an emergency. This means any changes to a building (school or residence) due to unexpected circumstances such as a fire or flood. It is important for the school to clearly and completely describe the change, the impact of the change on enrolled students, the school’s plan to address the change and to submit the required documentation indicated on page 2 of the checklist. A change in the program’s financial status that impacts either the health and safety of students or service delivery to students. If, due to changes in the financial status of a school, a school can no longer provide the required staffing to maintain appropriate supervision of students and/or provide services to students as specified on their IEP’s, it must make immediate notification to ESE and provide the required documentation indicated on page 2 of the checklist. The school must describe its current financial status and the manner in which it will address the financial issues as well as its written plan for ensuring the health and safety of students and/or provision of IEP services. Closure of a program. If, for whatever reason, a school needs to close suddenly or if a school is planning to close by a specified date, it must immediately notify ESE along with providing the required documentation on page 2 of the checklist. It is important for the school to develop and submit to ESE a written transition plan for all students enrolled in the school. This plan must include the school’s outreach and collaboration with sending public school districts and other funding sources and the steps the school will take to ensure all students transition smoothly to an appropriate, alternate placement. ESE is requiring private special education school programs to notify ESE within 15 working days of the following circumstances: Each time there is a 10% decrease in enrollment of students based upon the number of students to be served by the school as indicated on the last ESE approved Program Budget. The school must describe how it is continuing to meet the needs of enrolled students and submit required documentation as indicated on page 2 of the checklist. A change in the program’s ownership. If another individual or agency will assume ownership of the program it is important for the school to describe how this transition will take place and (if any) the impact this change of ownership may have on the structure of the school, its staffing and/or service delivery to students. A master staff roster and an organizational chart clearly indicating any changes to the staffing and/or structure of the school must be submitted as indicated on page 2 of the checklist. A change in the program’s name. If the agency wishes to change the name of the program, the school must submit an organizational chart clearly indicating any changes to the staffing and/or structure of the school as indicated on page 2 of the checklist. Vacancies in approved staff positions not filled by another appropriately licensed or waivered staff person that have a direct impact on the service delivery to students. It is important to note that notification must be made to ESE only if the vacancy results in students not receiving services as indicated on their IEP’s. The school must clearly describe its alternative methods for providing these services to students while attempting to fill any vacant positions. While the school is able to temporarily fill a vacant position with a substitute teacher, it must notify ESE if substitute teachers are being used and must continue to document its efforts to fill the position with an appropriately licensed staff person. Of additional note is that schools must notify the sending public school districts of staff vacancies only for those students affected by the vacancy and not receiving services as indicated on their IEP’s. A master staff roster addressing any changes made to staffing of the school due to such a vacancy must be submitted as indicated on page 2 of the checklist. ESE is requiring prior notification and approval for the following circumstances: Changes to school building(s)/physical facilities that are not due to an emergency, but are related to relocation and/or expansion of buildings. These changes represent changes to buildings/physical facilities that are planned and can include renovations to an existing building or constructing a new building. The school must submit all required documents as indicated on pages 2-3 of the checklist. It is important to note that ESE will thoroughly review this request along with all supporting documentation and will render an approval based upon the rationale provided and documentation submitted. Approval of this request will not result in any type of rate adjustment at the time of approval of the Form 1. If the school wishes to apply for approval of a rate adjustment directly resulting from a building change it may do so upon eligibility through the program reconstruction process. Approval of a Form 1 for building changes will not automatically result in ESE approval of a reconstruction application. ESE reserves the right to review all changes made and the impact such building changes may have on the school’s rate upon the school’s submission of a program reconstruction application. Changes made by the school to ESE required policies and procedures that result in continued adherence to regulatory requirements. These changes represent changes to ESE approved policies and procedures initiated by the school. Schools do not need to notify ESE of changes to existing policies and procedures that ESE is mandating. If a school determines that changes to an existing policy/procedures are necessary, it must clearly identify and outline any and all changes to its existing policy and submit a copy of the revised policy/procedures along with its Form 1 submission. The school must describe the anticipated impact the change will have on students (such as changes to behavior management policies and procedures) as well as staff (such as changes to personnel policies and procedures). The school must also describe its method of dissemination of the changes to any policies and procedures once approved by ESE. The school must inform ESE of its plan to communicate approved changes in policies and procedures to parents/guardians and funding sources. Request to increase or decrease the ages of the students being served. The school must submit all required documentation as indicated on page 3 of the checklist. It is important that the school fully describe in its Form 1 submission how it is prepared to meet the needs of either younger or older students in terms of student groupings, staffing and curriculum. Request to change or add gender of students being served. The school must submit all required documentation as indicated on page 3 of the checklist. The school must clearly describe any special provisions it must make in order to successfully accommodate and serve students of a different gender. Each time there is a 10% increase in enrollment of students based upon the number of students to be served by the school as indicated on the last ESE approved Program Budget. The school must describe how it is continuing to meet the needs of enrolled students and submit required documentation as indicated on page 3 of the checklist. ESE must be informed of staff changes resulting from an increase in student enrollment and the school’s plan for continuing to meet all approved student to staff ratios. Adding, eliminating or changing staff positions. ESE recognizes there may be a need for schools to make changes to staff positions in order to be able to meet the ongoing needs of students enrolled in the program. The school must provide ESE with a detailed rationale for any proposed changes in staffing and must submit all required documentation as indicated on page 3 of the checklist. It is important to note that ESE will thoroughly review this request along with all supporting documentation and will render an approval based upon the rationale and documentation submitted. Approval of this request will not result in any type of rate adjustment at the time of approval of the Form 1. If the school wishes to apply for approval of a rate adjustment directly resulting from changes to staffing, it may do so upon eligibility through the program reconstruction process. Approval of a Form 1 for changes to staffing will not automatically result in ESE approval of a reconstruction application. ESE reserves the right to review any and all staffing changes made by the school and the impact such staffing changes may have on the school’s rate upon the school’s submission of a program reconstruction application. With its Form 1 submission, the school must also describe how it will provide written notification to all funding sources once the change in staffing has been approved by ESE. The Massachusetts Department of Elementary and Secondary Education Program Quality Assurance Services Form 2: PUBLIC AND PRIVATE DAY OR RESIDENTIAL SCHOOL PROGRAM INCIDENT REPORT Directions: Complete Page 1 of this form. Attach a narrative description of 1) the specific incident described below, 2) the steps the school has taken to respond to this incident, and 3) the persons or agencies notified of such incident. Provide one incident report per student. Please review the “Checklist of Necessary Information for Incident Reports” on Pages 2 and 3 describing the documentation and action steps ESE expects for specified incidents. Fax or send this Form 2 to: Director, Program Quality Assurance Services, Massachusetts Department of Elementary and Secondary Education, 350 Main Street, Malden, MA 02148-5023 – Fax: 781-338-3710 Public/Private School Name: ___________________________________ Student’s Name: ____________________________________ Address: ______________________________________________________________________________________________________ Name of Program: ______________________________________ ESE Program Code Number ( 4-Digit):________ Program Contact Person: ____________________________ Telephone: ( Address of Program: _____________________ E-mail Address of Contact Person:_________________ Day School OR Massachusetts Student OR Name of Program Director: ______________________________ ) ________________________ Residential School Out-of-State Student Signature: _______________________________ Date of this Incident Report: ____________________________________Date of Incident: ______________________ Pursuant to applicable regulations and requirements this school is hereby providing immediate written notification to ESE For Any Student (Massachusetts and Out-of -State Students): The death of any student (Contact your assigned PQA Liaison or the “Liaison of the Day” 781-338-3700) The filing of a 51-A report with DCF OR a complaint filed with the Disabled Persons Protection Commission, against the school or a school staff member, for abuse or neglect of any student Any action taken by a federal, state, or local agency that might jeopardize the school’s approval with ESE Any legal proceeding brought against the school or its employee(s) arising out of circumstances related to the care or education of any of its students regardless of state of residency For Massachusetts Students Only: The hospitalization of a Massachusetts student (including out-patient emergency room visits) due to physical injury at school or previously unidentified illness, accident or disorder which occurs while the student is in the program Massachusetts student injury resulting from a motor vehicle accident during transport by school staff (including contracted staff) which requires medical attention Massachusetts student run away Emergency termination of a Massachusetts student under circumstances in which the student presents a clear and present threat to the health and safety of him/herself or others pursuant to 18.05(7)(d) Any other incident of a serious nature that occurs to a Massachusetts student NOTE: The school must also provide immediate written notification to the responsible school district and to the parent/guardian for any incident described above, for both Massachusetts and Out-of-State Students. Form 2 Revised 08/04/15 Public and Private School Staff Completing Page 1 of this form should review the “Checklist of Necessary Information for Incident Reports” below to ensure that information submitted to ESE is complete and that it responds to all incident reporting information requirements. Pages 2 and 3 to be completed by ESE only: INTERNAL RECORD OF DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION ACTION: Incident Report Received by ESE on:____________ Incident Report Reviewed:______________________ ACTION TAKEN: ____Incident Report reviewed, and school’s action plan determined to be acceptable ____Follow-up telephone inquiry or e-mail contact with the program made on: __________________ ____Inquiry made by: _______________________ (Summary of telephone inquiry or e-mail contact attached.) ____ Onsite visit pursuant to this report conducted on: ____________________ Conducted by: ___________________________ Site visit report and any notice of required corrective action issued to program on: _________________ (Copy attached) ______________________________________ (Liaison, Program Quality Assurance Services) ______________________________________ (Supervisor/Designee, Program Quality Assurance Services) Checklist of Necessary Information for Incident Reports: FOR ANY STUDENT Required Documentation Received Acceptable Not Submitted or Unacceptable Narrative description detailing the circumstances of the incident Must include events preceding incident, incident, and outcomes. Who? What? When? Where? How? Why? Specific procedure that staff followed is clearly described Required notifications provided Date, time and by whom. Examples: DCF, DPPC, EEC, ESE, Parents/Guardians, LEA, other involved agencies such as DMR and DMH Death of any student: Police/Coroner Investigation? Autopsy Report? The filing of a 51A report with DCF or a DPPC complaint alleging abuse or neglect of any student, against the school or a school staff member: Description of incident and actions taken by the school thus far, as well as actions planned to be taken by the school (school conducting investigation; DCF or DPPC conducting investigation; police investigating)? Copy of Internal Investigation Report? Copy of Police Report? Description of any disciplinary action the staff member received? Was the report screened in or out by DCF or DPPC? Copy of DCF or DPPC Report? Follow-up by school post investigation – were steps taken by school appropriate? Action taken that might jeopardize school’s approval with ESE OR Any legal proceeding brought against the school or its employee(s) arising out of circumstances related to the care or education of any of its students: Examples include change in EEC licensure status, Intake frozen, Investigation by another state agency, complaints or ongoing concerns from sending public school districts; and the arrest of a staff member. Report describes incident and actions taken by the school thus far, as well as actions planned to be taken by the school? Investigation reports to determine outcome? Additional Information: Form 2 Revised 8/4/15 Checklist of Necessary Information for Incident Reports: FOR A MASSACHUSETTS STUDENT Required Documentation Received Acceptable Not Submitted or Unacceptable Narrative description detailing the circumstances of the incident Must include events preceding incident, incident, and outcomes. Who? What? When? Where? How? Why? Specific procedure that staff followed is clearly described Required notifications provided Date, time and by whom? Examples: DCF, DPPC, EEC, ESE, Parents/Guardians, LEA, other involved agencies such as DMR and DMH Out-patient emergency room visit or hospitalization of a Massachusetts student as a result of physical illness or injury; OR injury of a Massachusetts student during school-related motor vehicle accident that required medical attention; Additionally, if motor vehicle accident – Were the details of the accident provided, including numbers of students and staff in the motor vehicle, circumstances under which the accident occurred, condition of the individuals involved in the accident? Copy of police report? Drivers license information of staff member? Transportation training of staff member? Any follow-up conducted by the school regarding details of the accident being communicated to the school community? Whenever a Massachusetts student runs away: What were the circumstances of the runaway (on independent time; climbed out window without knowledge of staff)? If known, when did student return? Where was student found and by whom? If did not return notification of liaison by phone of the details Staff to student ratio – what was staff assigned to student doing at the time of the runaway? What precautions were taken for student to return to school (hospital screening, time out space, restrictions at school, re-entry plan)? What specific steps the school will take to prevent future runaway occurrences? Emergency termination of a Massachusetts student consistent with 603 CMR 28.09(12)(b) and 18.05(7)(d): Description of clear and present danger? Written termination summary explaining the reasons for emergency termination? Efforts the school has made to maintain the student until the LEA is able to locate an appropriate placement? Copy of written termination notification sent to the school district/parent? Any other incident of a serious nature that occurs to a Massachusetts student: Examples include police involvement, community involvement and media coverage. Report describes incident and actions taken by the school thus far, as well as actions planned to be taken by the school? Investigation reports to determine outcome? Additional Information: Form 2 Revised 8/4/15